































LIBRARY OF CONGRESS 


UNITED STATES OF AMERICA 













































































































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THE CONVENTION 

WHICH ASSEMBLED IN CONCORD, 

TO REVISE THE CONSTITUTION OF 
NEW HAMPSHIRE, 


YWr X 




' 1791 - 17921 . 


Pamphlet Edition, printed by order, for the use of 
the Convention assembled in Concord for 
revision of said Constitution, in 
December, 1876. 

Pages in this pamphlet correspond with those in 
Volume X of Provincial and State 
Papers, now in press. 


COPIED FROM THE ORIGINAL JOURNAL AND EDITED BY 

NATHANIEL BOUTON, D. D. 



_ WASHU 

CONG ORD 

EDWARD A. JENIvS, STATE PRINTER. 

1876 . 





































journsr^x. 


OF THE 

CONVENTION 


WHICH ASSEMBLED, IN CONCORD, 

y 


TO REVISE THE CONSTITUTION OF NEW HAMPSHIRE, 


1791 - 1793 . 








[A LIST OF THE NAMES of the Members of the Convention of the State of New Hampshire , chosen to revise the 
Constitution of said state—met at Co 7 icord in said state , on Wednesday the 7th day of September, 1791 .3 


24 


STATE OF NEW HAMPSHIRE 


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* It is evident from the journal, that the convention never sat on Sunday.— Ed. 
















































JOURNAL OF CONVENTION 


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List of Me7nbers — continued. 


2 6 


STATE OF NEW HAMPSHIRE 


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Raby & Mason 


JOURNAL OF CONVENTION, 


27 



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28 


STATE OF NEW HAMPSHIRE. 


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BIOGRAPHICAL SKETCHES BY THE EDITOR. 


(1) John Pickering, Esq., was a native of Newington, graduated 
at Harvard college, in 1761, and having devoted some time to theo¬ 
logical studies, was offered the rectorship of an Episcopal church in 
England. He declined, and applied himself to the study of the law, 
in which he became eminent. He was attorney-general, 1786; was a 
leading member of the convention, 1791-2; repeatedly a member of 
the legislature ; president of the senate in 1789, and governor ex officio 
of the state, on the election of Gov. John Langdon to the senate of 
the United States. In 1790 he was appointed chief-justice of the 
superior court, which office he held five years. He was afterwards 
district judge of the United States. He received the degree of LL. D. 
from Harvard and Dartmouth colleges. He died April 11,1805, aged 67. 

(2) Edward S. [St. Loe] Livermore was a son of Hon. Samuel 
Livermore, president of the convention; was a lawyer by profession; 
justice of the superior court of New Hampshire, 1797 to 1799- Remov¬ 
ing to Massachusetts, he was a member of congress from 1807 to 1811 ; 
he received the degree of LL. D. from Dartmouth college in 1800, 
and died at Tewksbury, Mass., September 22, aged 80. 

(3) Daniel Humphreys, Esq., was a native of Connecticut; gradua¬ 
ted at Yale college, 1757 ; came to Portsmouth about 1774, as a lawyer; 
was employed by the general assembly that year to engross acts, for 
which he received 2 l. os. 6d.; was United States district-attorney, 
New Hampshire. He died in 1827. 

(4) Dr. Samuel Tenney was born in Byfield parish, Newbury, 
Mass. ; graduated at Harvard college, 1772, and commenced the study of 
medicine. He was present at the battle of Bunker Hill, where he 
attended to the sick and wounded; served during the whole war; was 
attached to the Rhode Island line of the army. At the close of the 
war he retired from his profession and settled in Exeter, N. H. There 
he was judge of probate many years; representative in congress, 1799 
to 1807 ; he was an original member of the N. H. Medical Society, and 
its vice-president; a member of the American Academy of Arts and 
Sciences; an honorary member of the Massachusetts Medical Society, 
and corresponding member of the Massachusetts Historical Society. 
As a man of science and learning, and a true lover of his country, his 
death was much lamented. He died February 6, 1816. 



BIOGRAPHICAL SKETCHES. 


31 


( 5 ) James. McGregore, Esq., of Londonderry, was a member of 
the 4th provincial congress, in May, 1775 ; was on a committee to pre¬ 
pare a plan for furnishing troops; on the committee for supply of the 
army, and for the emission of money. He visited the army at Medford 
in June, 1 775 » an d reported its condition to the committee of supply. 

(6) Joseph Blanchard, Esq., of Chester, born 1753, came to 
Chester in.1772. Though of quite limited education, he was a man of 
strong native good sense and sound judgment. He was represent¬ 
ative, 1788-1793; delegate to the convention which adopted the 
Federal Constitution, 1788; senator and councillor, 1800, 1801. He 
died March 7, 1833, aged 80. 

(7) Ephraim Pickering, Esq., of Newington, was appointed second 
major in Colonel Whipple’s regiment in 1776; was one of the com¬ 
mittee of correspondence the same year, and was representative in 
1780-1782. He was one of the selectmen of Newington in 1775. 

( 8 ) Moses Leavitt, Esq., of North Hampton, was appointed cap¬ 
tain in the continental, service, June 13, 1776, and authorized to raise 
one hundred men to join the army in New York; was on a committee 
of officers, at Hampton, in 1777, to petition the honorable committee 
of safety to take measures for the defence of the seacoast; again 
appointed, 1778, to enlist soldiers for the continental army; was 
appointed lieutenant-colonel of third regiment of New Hampshire 
militia in 1781, and was representative to the general assembly in 
1782, 1783. 

. (9) Hon. Christopher Toppan, of Hampton, was a very useful and 
distinguished citizen, son of Dr. Edmund Toppan, and grandson of 
Rev. Christopher Toppan, of Newbury, Mass. His mother was a daughter 
of Colonel Joshua Wingate. Mr. Toppan often represented the town 
in the legislature, was councillor in 1786, 1790, 1794, He died Febru¬ 
ary, 1819, aged 84. 

(10) Hon. William Plumer, of Epping, was one of the most 
intelligent, active, and influential members of the convention. He was 
born in Newbury, Mass., June 25, 1759; in early life was a preacher; 
afterwards entered the law, and devoted a great part of his time to 
civil affairs, in the service of the people : representative from Epping 
eight years, senator, president of the senate, speaker of the house of 
representatives, senator in congress 1802-1807; for four years, 1812, 

1816—1818, governor of the state, and in 1820, presidential elector. He 
was one of the original members and first president of the New Hamp¬ 
shire Historical Society, 1823, and made a donation to the society of a 
large and valuable collection of books, mostly public documents which 
he had collected and bound together. He died December 22, 1850, at 
the advanced age of 91 years. (See Memoir , &c., by his son, William 
Plumer, Jr.) 

(11) Gen. Joseph Cilley, was a native of Nottingham, son of 
Captain Joseph Cilley, one of the original settlers of the town. He 
was of the company that siezed Fort William and Mary in 1774. At 
the commencement of the revolution he entered the army, was major, 
colonel, and had command of the first N. H. regiment. He was dis¬ 
tinguished for bravery and patriotism during the whole contest; was a 


32 


STATE OF NEW HAMPSHIRE. 


member of the Society of the Cincinnati, major-general of the N. H. 
militia 1786, and as such headed the troops that quelled the insurrec¬ 
tion in Exeter that year, arresting the leader of the rebels with his 
own hand. Several times elected representative. He was senator and 
councillor. He died, full of honors, August, 1799, aged 65. 

(12) John McClary, of Epsom, was a delegate to the Provincial 
Congress which met May, 1775, a representative from Epsom 1776 and 
1778, a member of the committee of safety, councillor from 1780 to 
1784, senator from 1784 to 1787, president of the senate 1785 and 1786, 
and member of the convention 1791-92. He died June 16, 1801, aged 
82. 

(13) Benjamin Sias, Esq., was of Canterbury. He marched to 
Saratoga, July, 1777, with eight volunteers from that town and Loudon; 
had command of the fifth company in Col. Stickney’s regiment at the 
battle of Bennington; and of the second company of Col. Nichols’s 
regiment in Gen. Whipple’s brigade, in Rhode Island, 1778; was at 
Portsmouth with a company in 1779. He was a brave man, and ever 
ready for action. 

(14) Hon. Abiel Foster, of Canterbury, a native of Andover, Mass., 
born August, 1735 ; was a graduate of Harvard college, 1756 ; ordained 
as minister of the Congregational church in Canterbury, 1761 ; was dis¬ 
missed 1779, and became distinguished in civil life as a magistrate 
and legislator—representative, senator two years, and president of 
that body; elected to congress in 1783, he was a member three years 
under the old confederation; under the constitution of 1788 he was a 
member ten years between 1789 and 1803. During life he was eminently 
useful and honored. He died in Canterbury, February, 1806, aged 71. 

(15) Hon. Timothy Walker was the only son of Rev. Timothy 
Walker, the first minister of Concord; born June 27, 1737; was a 
graduate of Harvard college, 1756; studied theology, and was licensed 
to preach, September n, 1759; preached in various places without 
settlement about six years. Subsequently he engaged for a while ill 
mercantile pursuits,—but, as the revolution came on, he entered with 
patriotic fervor into the service of his country. He was a member of 
the provincial congress in Exeter, May, 1775 ; one of the committee of 
supplies; paymaster of N. H. troops at Bunker Hill and elsewhere; 
colonel of the third N. H. regiment. In January, 1776, he was one of 
the committee “ to make a draft of the Declaration of Independence of 
the United Colonies ;” was one of the committee of safety ; of the coun¬ 
cil from 1776 to 1779; was repeatedly chosen as a delegate to the con¬ 
tinental congress (though probably did not attend) ; was a member of 
the constitutional conventions in 1778 and 1781 ; justice of the court of 
common pleas from 1777 to 1809, being chief-justice the last five 
years. In 1798 Judge Walker was the candidate of the republican 
party for governor, against Governor John Taylor Gilman. Filling all 
town and state offices to which he was called with fidelity and honor, 
he died in the mansion where he was born, May 5, 1822, aged 85. 
(See Bouton’s Hist . Concord , pp. 579-582, etc.) 

(16) Col. Nathaniel Head was born in that part of Chester which 
is now Hooksett; he married a daughter of Timothy Knox, of Pern- 


BIOGRAPHICAL SKETCHES. 


33 


broke; was at Winter Hill in 1775 and 1776; ensign in Capt. Sias’s 
company of Col. Nichols’s regiment in the expedition to Rhode Island, 
1778, and captain in Col. Runnels’s regiment, 1781. He was the grand¬ 
father, of .Gen. Natt Head, of Hooksett. 

(17) Hon. John Calfe, a native of Hampstead, clerk of this con¬ 
vention, was twenty-nine years a justice of the peace, twenty-five years 
on the bench of the court of common pleas, and twenty-five years clerk 
of the house of representatives. He was a useful and good man. He 
died October 30, 1803, aged 69. 

(18) Dr. Nathaniel Peabody, Esq., of Atkinson, was one of the 
distinguished men of his times. He was born in Topsfield, Mass., 
March 1, 1741, son of Dr. Jacob Peabody; his mother, Susanna, 
was a daughter of Rev. John Rogers, of Boxford, a descendant of the 
martyr of that name. Having studied medicine with his father, he 
settled in Atkinson, and had extensive practice. By turns he held 
almost every office of trust and honor in the town and state—selectman, 
representative, justice of the peace and quorum, colonel, adjutant-gen¬ 
eral of the state, 1777-1778; commissioner with Jonathan Blanchard, 
Esq., of Dunstable, to meet in convention at New Haven, Connecticut, 
“to regulate the prices of labor,” December, 1777; member of con¬ 
gress, 1779-1781 ; and major-general of the militia of the state, 1793. 
In the latter part of his life he was much in debt, for which he was con¬ 
fined in Exeter jail, where he died June 27, 1823, aged 82. 

(19) James Gibson, Esq., of Pelham, was a member of the fifth 
provincial congress, at Exeter, in December, 1775; representative, 
1776; one of a committee to go to Boston to obtain information in 
order to fix on a method for raising an army ; representative, 1777 ; on 
committee for regulation of trade, justice of the peace, and again 
representative in 1778. * 

(20) John Waldron, Esq., of Dover, was a representative in the 
provincial assembly 1774, and of the third provincial congress, at 
Exeter, April, 1775. He was captain of a company in Dover, that was 
designated by Gen. Sullivan to march to Winter Hill, in December, 
1775, to take the place of the Connecticut forces that refused to 
remain there. In 1776 he was colonel of a regiment, which was pro¬ 
nounced by Gen. Sullivan to be “ the first complete regiment on the 
spot, and by far the largest and best that came from either colony.” 
He was a brave officer. In March, 1782, he was representative from 
Dover to the general assembly. 

(21) Hon. Ebenezer Thompson was a native of Durham, and for 
many years one of the most prominent of her citizens. He was many 
times representative, clerk of the house and senate, secretary of state 
1 775— 1 785, councillor 1787, commissioner to New Haven 1777, a mem¬ 
ber of the committee of safety 1775-1781, justice of the superior court, 
delegate to congress 1783, &c. He died August, 1802, aged 65. 

(22) Dr. James How, of Rochester, was a respectable physician, 
and sometime member of the general court. He died October 13, 
1807, aged 54. 

3 


34 


STATE OF NEW HAMPSHIRE. 


(23) Rev. William Hooper, of Madbury, was a Baptist elder, 
formerly of Berwick, Maine. He commenced preaching in Madbury 
about 1773, and continued there several years. 

(24) Thomas Cogswell, Esq., son of Nathaniel Cogswell, born 
in Haverhill, Massachusetts, August 4, 1746. At the age of 24 he 
married Ruth, daughter of Gen. Joseph Badger, of Gilmanton; was 
an officer in the revolutionary war, with the rank of colonel; often 
moderator and selectman in the town; in 1784 to 1810 chief-justice of 
the court of common pleas, and was twice a candidate for representa¬ 
tive to congress. In September, 1804, he presented the Congregational 
church in Gilmanton twenty-five dollars for purchasing a sacramental 
service for the use of the church. He died September 3, 1810, aged 64. 
His wife survived him, and died Oct. 16, 1839, aged 88. (See History 
of Gilmanton.) 

(25) Hon. Ebenezer Smith, son of Daniel Smith, of Exeter, born 
in 1734, was a proprietor of the town of Gilmanton, but became an 
early settler in Meredith, 1768, and was as a “father to the town for 
many years.” He was representative, justice of the peace, judge of 
probate, lieutenant-colonel of the 10th regiment militia, and two years 
president of the senate. He died at Meredith, August 27, 1807, aged 73. 

(26) Daniel Bedee, Esq., was a member of the fifth provincial 
congress, at Exeter, December, 1775; town-clerk and justice of the 
peace the same year. He was representative to the general court, 
justice of the quorum, judge of the court of common pleas, and was a 
useful and much respected citizen of Sandwich. 

(27) Col. Nathan Hoit, of Moultonborough, was a brave officer in 
the revolution; in 1777 he was ensign in Capt. Daniel Livermore’s 
company; in 1781 he was lieutenant, and gradually advanced to the 
command of a regiment. 

(28) David Copp, Esq., of Wakefield, was a prominent citizen; in 
1771 he was appointed by Gov. John Wentworth one of a committee to 
lay out a road from Wolfeborough to Dartmouth college; in August, 
1775, he was first major in Col. Joseph Badger’s regiment of militia; in 
November the same year he had command of a company for the 
defence of the Piscataqua harbor and fortresses; in November, 1780, 
lieutenant-colonel of the 19th regiment of militia; and in 1782-1783 he 
represented the town in the legislature. 

(29) Col. David Page was one of the early settlers in Conway. 
He went thither from Concord, about 1765, and became a leading 
citizen of the town. 

(30) Capt. William Barron, of Merrimack, was a member of the 
Hillsborough county congress, that met in Amherst, April, 1775; was 
captain of Company 9, under Col. Isaac Wyman, 1776, and of Company 
3, under Col. Moses Nichols, 1780, for the defence of West Point. He 
was a brave officer and prompt in duty. 

(31) Zechariah Chandler, Esq., born in Bedford, May 28, 1751, 
died April 20, 1830, aged 79. He was grandfather of the Hon. Zach 


BIOGRAPHICAL SKETCHES. 


35 


Chandler, of Detroit, Michigan, who succeeded Gen. Lewis Cass as 
U. S. senator, and is Secretary of the Interior at Washington. 

( 3 2 ) Daniel Emerson, Esq., of Hollis, was appointed a coroner for 
Hillsborough county in 1776; captain of the 5th company in Colonel 
Mooney’s regiment, 1779, for the expedition to Rhode Island, and was 
representative in 1782; he was a councillor in 1787, and died October 
4, 1821, aged 75. 

( 33 ) Hon. Joshua Atherton, born at Harvard, Massachusetts, June 
20 > 1 737 ? was a graduate of Harvard college, 1762; commenced the 
practice of law in Amherst, 1772 ; was father of Hon. Charles H. Ath¬ 
erton, and grandfather of Hon. Charles G. Atherton, both distinguished 
as lawyers and civilians. In the revolution, Mr. Atherton at first 
favored the loyalists, and for a time was imprisoned in Amherst jail, 
but subsequently regained the confidence of his fellow-citizens ; was 
a member of the convention that adopted the federal constitution 1788, 
state senator 1793, and attorney-general of the state 1793-1801. He 
died in Amherst, April 3, 1809, aged 71. 

(34) Charles Barrett, Esq., was a distinguished citizen of New 
Ipswich, son of Dea. Thomas Barrett, born in 1740; a man of inventive 
genius and mechanical skill and enterprise, and an early manufacturer. 
At the beginning of the revolution he was suspected of tory principles, 
but he regained the confidence of his fellow-citizens ; was a delegate to 
the federal convention in 1788, representative 14 years, a senator and 
councillor. He died September 21, 1808, aged 68. 

( 35 ) William Abbott, Esq., born in Andover, Mass., Jan. 14, 1748 ; 
settled in Wilton in 1772, where he was for many years a prominent 
man in town affairs, serving as selectman, town-cleric, and representa¬ 
tive ; he was also a member of the conventions of 1788 and 1791-2. 
He was a patron of learning, good order, and religious institutions, 
and a man of strict integrity. He died November 30, 1793, aged 45, 
leaving a wife, six sons, and three daughters. 

(36) Hon. Jeremiah Smith was one of the most active and influen¬ 
tial members of the convention. He was a native of Peterborough, 
born November 29, 1759; he was in the battle of Bennington at the 
age of 18; graduated at Rutgers college in New Jersey, 1780; admitted 
to the bar 1786, and practised in his native town about ten years; 
represented that town 1788-1790; a member of congress 1791-1799, 
four terms. In February, 1801, he was appointed by President Adams 
judge of the circuit court of the United States; in 1809 he was elected 
governor of the state ; was chief-justice of the superior court from May, 
1802, to May, 1809, and of the supreme judicial court from July, 1813, 
to June, 1816. He received the honorary degree of LL. D. both from 
Harvard and Dartmouth colleges. He settled in Exeter about 1797, 
where he resided the greater part of his public life, useful and honored. 
He died at Dover, September 21, 1842, aged 83. (See Memoir of \ by 
Rev. John H. Morrison.) 

(37) Robert Wallace, Esq., of Henniker, was a native of London¬ 
derry, judge of the court of common pleas for Hillsborough county 


3^ 


STATE OF NEW HAMPSHIRE. 


from 1803 to 1813; councillor from 1788 to 1789, and from 1790 to 1803, 
making in all 14 years. He died in January, 1815, aged 66. 

(38) Major Benjamin Pierce, of Hillsborough, born December 25, 
1757, in Chelmsford, Mass.; governor of the state in 1827, and again in 
1829; was the father of Franklin Pierce, president of the United States 
in 1852-1856. He was a soldier in the revolution, afterwards inspector- 
general of the Hillsborough county militia, and brigadier-general; 
sheriff of the county 1807-1814, and 1819-1827; representative eleven 
years, and councillor six years. A gentleman of the old school, and of 
generous and noble impulses, he was held in honor as a citizen. He 
died at his family mansion in Hillsborough, April 1, 1839, the &2d 
year of his age. 

(39) Rev. Amos Wood was pastor of a Baptist church in Weare ; he 
was ordained November 19, 1788, and died February 3, 1793. 

(40) Major Caleb Stark was the eldest son of Gen. John Stark, 
born December 3, 1759. He was at the battle of Bunker Hill in 1775 ? 
continued in the army through the war; he had commission as ensign 
in 1776; was adjutant in Col. Cilley’s regiment in the battle of Behmus 
Heights, October, 1777. After the revolution he resided in Boston as 
an importing merchant some years, but in 1812 he engaged in cotton 
manufacture in Suncook, New Hampshire. He died in Oxford, Ohio, 
August 26, 1838, but was buried in Dunbarton. 

(41) Rev. Jonathan Searls was born in Rowley, Massachusetts; 
graduated at Harvard college, 1765 ; was minister of the Congregational 
church in Salisbury, of which Col. Ebenezer Webster was a member. 
He was ordained November 17, 1773, dismissed November 8, 1791, 
and died in December, 1819, aged 74. 

(42) Nath’l Sartile Prentice, of Alstead, was town-clerk in 1775, 
representative in 1775 and 1776; was captain of a company, and justice 
of the peace for Cheshire county in 1776, and in July of that year was 
one of the committee of safety. When the dispute arose relating to 
the New Hampshire grants, 1776-1780, he took sides with Vermont, 
and on Dec. 5, 1781, a warrant was issued for his arrest, on charge of 
“acting as an officer of Vermont” within the bounds of New Hamp¬ 
shire, and as “guilty of sundry acts inimical to this state.” Accord¬ 
ingly he was arrested, tried by the committee of safety, and imprisoned 
in Exeter gaol, 1782. In March the general assembly voted “to strike 
off his name from the list of civil officers in the state.” It appears that 
he regained the confidence of his fellow-citizens, and was delegate to 
the convention in 1791-92. 

( 43 ) Daniel Newcomb, Esq., of Keene, graduated at Harvard col¬ 
lege 1768; was town-clerk; one of the delegates to the convention in 
Walpole, November 15, 1780, relating to the jurisdiction of the New 
Hampshire grants, and again at Charlestown in January 24, 1781. In 
1796-1798 he was chief-justice of the court of common pleas for Cheshire 
county. He died 1818. 

(44) Col. Daniel Rand, of Rindge, was born in Shrewsbury, Massa¬ 
chusetts, Oct. 15, 1742, son of Solomon Rand. In the revolution he 


BIOGRAPHICAL SKETCHES. 


3 7 


was an ensign in the Lexington company, lieutenant in Col. Isaac 
Wyman’s regiment in 1776, and captain in Col. Moore’s regiment 
in 1777, and was appointed colonel of New Hampshire militia about 
1785. He represented the town in the legislature ten years, and seven 
years was one of the selectmen of the town; a man “of strict integrity 
and unimpeachable character.” He died July 3, 1811, aged 69. 

( 45 ) John Duncan, Esq., was a native of Londonderry, and settled 
in Antrim in 1773, his family being the seventh that settled there. He 
was long an eminent citizen, being selectman, town-clerk, representa¬ 
tive, and senator. His cheerfulness, candor, and integrity won him 
many friends. As a magistrate, he was eminently a peace-maker; and 
as an elder of the church, he labored to advance the moral and religious 
interests of the town. Sometimes, but sparingly, he indulged in sallies 
of wit. A Mr. Pickering, an eminent lawyer, once said in the house of 
representatives that lawyers were the pillars of the state, as without 
their aid not a single important bill could be drafted. Mr. Duncan rose 
and said, in his Scottish accent ,— 11 Air. Speaker: There are different 
kinds of pallyars: there is a kind of pallyars that supports buildings ; 
there is also another kind of pallyars called cater-pallyars, that devour 
men’s substance. If the gentleman refers to the latter kind of pall¬ 
yars , I perfectly agree with him.” He closed his long life in March, 
1823, at the age of 89. (Hist, of Ajitrwi.) 

(46) Hon. Samuel Livermore, Esq., president of the convention, 
was probably a descendant of John Livermore, who was in Water- 
town, Mass., 1642. He was born in Waltham, Mass., May 14, 1732, 
O. S; graduated at Princeton, N. J., 1752; came to New Hampshire 
I757,and established himself in Portsmouth; for several years was 
judge-advocate of the admiralty court, and in 1769 was the king’s 
attorney-general for New Hampshire. About 1765110 settled in Hol- 
derness, Grafton county; representative from that town; attorney- 
general of the state before the revolution, and afterward, 1776; in 1779 
he was appointed commissioner to support and defend the claims to 
the New Hampshire grants; member of congress 1780-1782, and then 
chief-justice of the state 1782-1790, as successor of Hon. Meshech 
Weare. He was a member of the federal convention in 1788; again 
elected to congress 1790-1793; United States senator six years; he 
received the honorary degree of LL. D. from Dartmouth college 
1792. He died at Holderness, May, 1803, in the 72d year of his age. 

(47) Elisha Payne, Esq., of Lebanon, graduate of Dartmouth 
college in 1784; died 1808, aged 45. 


[p. 37.] A JOURNAL of the Proceedings of the Con¬ 
vention of the State of New Hampshire for re¬ 
vising the Constitution of said State. 

Wednesday, Sept 1 ’. 7 th 1791. 

Upwards of eighty members met in Convention agreably 
to precepts issued for that purpose : After making choice of 
the Hon bl Timothy Walker, Esq. as chairman and being 
sworn, proceeded to the choice of a Secretary by ballot, and 
John Calfe, Esq. was chosen and sworn for that purpose. 

Motion was then made for the choice of a President and 
the Hon bl . Samuel Livermore, Esq. was chosen. 

Voted, That Mr. Cilley, Mr. Thompson, Mr. Newcomb, 
Mr. Walker & Mr. Macgregore be a Committee to examine 
the returns of the several members and report thereon. 

Voted, That Mr. Plummer, Mr. Page, Mr. Rogers, Mr. 
[p. 38.] Livermore & Mr. Atherton be a Committee to re¬ 
port such rules as they may judge necessary to be observed 
in regulating the proceedings in this Convention. 

Voted that the Rev d Mr. Evans be requested to attend 
and officiate as Chaplain (1) to this Convention during their 
present Session. 

Adjourned to 9 o’clock to-morrow morning. 

Thursday, Sept 1 ' 8 th , 1791. 

Met according to adjournment. 

The Committee to examine the returns having reported : 
Resolved that the returns of members from the Towns and 
districts intitled to send delegates to this Convention be re¬ 
ceived and deemed sufficient unless any particular objection 
is made thereto. 

With respect to Towns that had chosen members, who 
had not heretofore sent Representatives to the General 
Court, the Committee reported as follows :—That the Town 
of Epsom is intitled by Constitution to send a member to 
Convention. 


(1) The Rev. Israel Evans was at this time minister of Concord, and pastor of the Congre¬ 
gational church. He was a chaplain in the army during the revolution. From 1777 till the 
elose of the war he was connected with the New Hampshire brigade, at first under the com¬ 
mand of Gen. Enoch Poor. He was a great admirer and friend of Gen. Washington. It is 
related that in his last sickness, being visited by Rev. Dr. McFarland, his successor in office, 
the latter prayed for him, “That at life's close he might sit down with Abraham, Isaac, and 
Jacob in the kingdom of God." To which Mr. Evans audibly added, “and ivith Washing¬ 
ton, too'’ He died in Concord, March 9, 1807, in the 60th year of his age.—E d. 



JOURNAL OF CONVENTION. 


39 


[p. 39.] They have also had satisfactory evidence to them, 
that Northwood & Allenstown have a Constitutional right 
to send a member, & that Allenstown was notified to join 
in the meeting at which Jonathan Clark Esq was chosen. 

It appears to your Committee from evidence satisfactory 
to them that Hinnekar & Hillsborough each have a right 
by the Constitution to send members. 

The Town of Litchfield hath not been classed with any 
other Town for representation since the Constitution was 
adopted & therefore have not been represented in the Gen¬ 
eral Court, but would have been entitled to send a mem¬ 
ber had they petitioned the General Court for the purpose. 

That Rochester has a Constitutional right to send two 
members to the Convention. 

The foregoing report was accepted, and the Delegates al¬ 
lowed a seat in Convention. 

The Committee to report such Rules as they judged nec¬ 
essary to be observed in regulating the proceedings in Con¬ 
vention reported the following rules. 

[p. 40.] I st . The President having taken the Chair and a 
Quorum being present, the Journal of the preceding day 
shall be read, to the end that any mistake may be corrected 
that shall have been made in the entries. 

2 d . No member shall speak to another or otherwise inter¬ 
rupt the business of the Convention while the Journal is 
reading or when any member is speaking ; nor pass be¬ 
tween the President and a member speaking. 

3 d . Every member when he speaks shall stand up and ad¬ 
dress the President and when he has finished shall sit down. 

4 th . No member shall speak more than twice in any one 
debate on the same day without leave of the Convention. 

5 th . When two members rise at the same time, the Presi¬ 
dent shall name the person to speak, but in all cases the 
person first rising shall speak first. 

[p. 41.] 6 th . When the President shall stand up to put the 
question, the members shall sit down and keep silence. 

7 th . No motion shall be debated until the same shall be 
seconded—and any member may at any time withdraw his 
motion. 

8 th . When a motion shall be made and seconded it shall 
if desired by the President or any member be reduced to 
writing, delivered in at the table and read by the President 
before the same shall be debated. 


40 


STATE OF NEW HAMPSHIRE. 


9 th . While a question is before the Convention, no motion 
shall be received, unless for an amendment, for postponing 
the main question, or to commit it, or to adjourn. 

10 th . The previous question being moved and seconded, 
the question from the Chair shall be, “ Shall the main ques¬ 
tion be now put ? ” and if the negative prevails the main 
question shall not then be put. 

[p. 42.] 11 th . If a question in debate contain several points, 

any member may have the same divided. 

12 th . Committees of less than five shall be nominated by 
the President, but Committees of five or more shall be cho¬ 
sen by ballot. 

13 th . Questions of order shall be determined by the Pres¬ 
ident, but any member may appeal to the Convention ; and 
when a member is called to order, he shall sit down until the 
question is determined, whether he is in order or not, which 
shall be decided without debate, but the member may explain. 

14 th . The yeas & nays if called for by any one member 
shall be entered on the Journal upon any proposition moved 
to be sent out to the people as an amendment or alteration 
to the Constitution ; and each member present, and having 
heard the debates upon the particular question shall give 
his yea or nay except excused by a vote of the Convention : 
[p. 43.] —and in the same manner may the yeas and nays 
be taken and entered on the Journal upon all the amend¬ 
ments collectively agreed to by the Convention to be sent 
out to the people. 

15 th . Every question being put by the President shall be 
taken to be in the affirmative unless disputed by a member, 
on which case, the members shall be counted beginning 
with those in the affirmative standing up, and then those in 
the negative the same ; and every member having heard 
the debates shall vote upon the question, except excused by 
a vote of the Convention. 

16 th . No person except a member or an officer of this 
Convention shall be allowed to come within the Bar of the 
House, (1) except such public characters as the President 
may invite, for whom particular seats shall be assigned. 

(1) The meeting of the convention was held in the town-house in Concord, built in 1790, 
and designed at the time partly for the accommodation of the general court. It was a one- 
stoly building, on the spot where the city hall stands, with a door in the middle. The inte¬ 
rior contained two rooms,—one for the house of representatives, on the north side, and the 
other for the senate, on the south, with several small committee-rooms on the back side. A 
stairway led to a small gallery for spectators. In this building the general court held its 
sessions till the completion of the state house in 1819. See Bouton’s Hist . of Concord, pp. 
304-307.—Ei>. 



JOURNAL OF CONVENTION. 


41 


Which Report was read and considered, received and ac¬ 
cepted. 

Read the Bill of Rights & Constitution of the State. 

[p. 44.] Adjourned to 3 o’clock, P. M. 

Met accordingly. 

Voted That the Constitution be read by sections or arti¬ 
cles, in order that any member may offer his sentiments rel¬ 
ative to any defects therein and propose such alterations as 
he may think necessary. The I st , 2 d , 3 d , 4 th & 5 th articles 
in the Bill of rights were read and no debate ensued. 

The 6 th article was read & largely debated and some al¬ 
terations proposed, but no vote obtained in favour of the 
alterations. 

A motion was made to erase the 6 th article in order to 
substitute another in its stead ; on which motion the yeas 
& nays were called and are as follows, viz. 


Yeas. 

Mr. Humphreys 
Mr. Plummer 


Yeas. 


Mr. Dow 
Mr. Hoyt 
Mr. Tash 
Mr. Copp 


Mr. Greeley 
Mr. Stark 


Mr. Flanders 
Mr. Whipple 
Mr. Rogers 
Mr. Crawford 
Mr. Johnson 
Mr. Hutchins 
Mr. White. 


Nays. 


Nays. 


[p. 45.] Mr. E. Livermore 
Mr. Tinney 
Mr. Macgregore 
Mr. Blanchard 
Mr. Pickering 
Mr. Brackett 
Mr. Goss 
Mr. Leavitt 
Mr. Toppan 
Mr. Dodge 
Mr. Robinson 
Mr. Fogg 
Mr. Webster 
Mr. Wheeler 
Mr. Stow Ranney 
Mr. Rogers 
Mr. Cilley 
Mr. March 
Mr. McClarey 
Mr. Clark 
Mr. Sias 
Mr. Foster 


Mr. Walker 
Mr. Head 


Mr. Emerson 


Mr. Swain 
Mr. Tilton 
Mr. Calfe 


Mr. Peabody 
Mr. Davidson 
Mr. Gibson 
Mr. Waldron 
Mr. Thompson 
Mr. Rawlings 
Mr. Palmer 
Mr. How 
Mr. Waldron 
Mr. Harper 
Mr. Cogswell 
Mr. Clough 
Mr. Hooper 
Mr. Smith 
Mr. Bedee 
Mr. Plodgdon 


42 


STATE OF NEW HAMPSHIRE. 


Mr. D. Page 

Mr. R. Parker 

Mr. Alld 

Mr. Barron 

Mr. Chandler 

Mr. Wm. Page (G) 

Mr. D. Emerson 

Mr. Atherton 

Mr. Barrett 

Mr. Fisk 

Mr. P. Clark 

Mr. Cragin 

Mr. J. Smith 

Mr. Nicols 

Mr. Wallace 

Mr. Pierce 

Mr. Warren 

Mr. Wood 

Mr. Searls 

Mr. Green 

Mr. W. Page (C) 

Mr. Prentice 

Mr. Newcomb 


Mr. Whitcomb 
Mr. Gilmore 
Mr. Alexander 
Mr. Temple 
Mr. Jackson 
Mr. Rand 
Mr. French 
Mr. Kingsbury 
Mr. Chase 
Mr. Wilcox 
Mr. Duncan 
Mr. Holmes 
Mr. Warded 
Mr. Tainter 
Mr. N. Parker 
Mr. Kimball 
Mr. Livermore 
Mr. Payne 
Mr. Franklin 
Mr. Tarlton 
Mr. Carlton 
Mr. Cargill. 


15 yeas—89 Nays. So it was negatived. 
Adjourned to 9 o’clock to-morrow morning. 


Friday Sept 1 '. 9 th 1791. 

Met according to adjournment. 

Resolved, that the following rule be observed in regulating 
the proceedings in this Convention. 

[p. 46.] 17 th . That it be a rule in conducting business that 

in any stage of a Question a motion to postpone the further 
consideration of any matter in debate, be considered as in 
order, and the main question left open for future discussion. 

The 7 th , 8 th , 9 th , 10 th 11 th , 12 th , 13 th , 14, th 15 th and 16 th Ar¬ 
ticles were read and no debate ensued. 

The 17 th Article was read, and it was resolved that the 
following words be inserted, “in the Courts of this State,” 
which words are to follow next after the words, “In criminal 
prosecutions,” and that the word “Assembly” be expunged, 
and the word “Legislature” inserted in lieu thereof. 

The 18 th Article was read and no debate thereon. 

The 19 th Article was read and debated and motion was 
made to expunge all the words in said Article, after the 
word “possessions,” which motion was committed to the con- 


JOURNAL OF CONVENTION. 


43 


sideration of Mr. Peabody, Mr. Foster and Mr. Smith of Pe- 
terboro’;—and that they report thereon. 

[ p . 47.] The 20 th Article was read and objected to and it 
was voted to be postponed until the Judiciary System may 
come under consideration. 

The 21 st , 22 d , 23 d , 24 th , 25 th , 26 th , 27 th , 28 th 29 th & 30 th were 
read and no debate ensued. 

The 31 st was read and debated, and motion was made to 
strike out the whole of said article—the determination on 
said motion was voted to be postponed until the Constitution 
comes under consideration. 

The 32 d Article was read and motion made to postpone 
the consideration thereof until the Plan of Government comes 
under consideration. 

The 33 d & 34 th Articles were read but not debated. 

The 35 th Article was read and after some debate it was 
voted to be postponed until the Plan of Government comes 
under consideration. 

The 36 th , 37 th & 38 th Articles were read and no debate 
thereon. 

Adjourned to 3 o’clock P. M. 

Met accordingly. 

The first paragraph in the Form of Government under 
Part 2 d , was read and not debated. 

Under General Court, the first was read and not de¬ 
bated. 

The second paragraph was read and motion was made 
[p. 48.] that the word “June” be struck out and the word 
January inserted, which was negatived. Motion was then 
made that the word “June” may be struck out and some 
other may be agreed on—but the motion was lost. 

The 3 d & 4 th paragraphs were read but not debated. 

Under Senate, 

The first paragraph was read and debated but no altera¬ 
tion took place. 

The second was read and debated with respect to the num¬ 
ber of Senators and the proportion as it now stands; which 
debate terminated in the following motion, “That that part 
of the Constitution which respects the number and propor¬ 
tion of Senators be referred to a Committee of one from each 
County;—which passed in the affirmative, and the ballots 


44 


STATE OF NEW HAMPSHIRE. 


being taken for the Committee Mr. Peabody, Mr. Cogswell, 
Mr. Smith of Peterboro’, Mr. Page of Charlestown & Mr. 
Freeman were chosen to take said motion under considera¬ 
tion and report thereon. 

The third, fourth, fifth & sixth paragraphs were read and 
no debate thereon. 

[p. 49.] The seventh paragraph was read and motion was 
made that the word “majority” be struck out, and the word 
plurality inserted—which motion after debate, was voted to 
be postponed. 

Adjourned to 9 o’clock to-morrow morning. 


Saturday Sept 1 ’. 10 th , 1791. 


Met according to adjournment. 

The seventh paragraph having again come under consid¬ 
eration, motion was made that the whole of the paragraphs 
under the head of Senate, be referred to the Committee ap¬ 
pointed on the motion respecting the number and proportion 
of Senators, and that they report on the whole under said 
head. 

Under the head, 


“House of Representatives,” 


The whole was read—Then proceeded by paragraphs. On 
reading and considering the first paragraph under said head, 
motion was made that the words “ One hundred & fifty” be 
expunged, and the words “two hundred” inserted—which 
motion was lost. Motion was then made that the paragraph 
ascertaining the number and proportion of Representatives 
be so altered as to lessen the number of Representatives;— 
[p. 50.] After some debate, the previous question was called 
for, and the question was put by the President, Shall the 
main question be now put? which passed in the negative: 
after which the yeas and nays were called for; but it being 
doubted whether it were in order to call for the yeas & nays 
after the matter was decided, the President requested the 
opinion of the Convention on the point of order; The same 
was determined by yeas and nays and are as follows, (viz.) 


Yeas. 

Mr. E d Livermore 


Mr. Goss 
Mr. Robinson 
Mr. Fogg 
Mr. Stow Ranney 


Yeas. 


Mr. Humphrey 
Mr. Tinney 


Mr. Macgregore 


JOURNAL OF CONVENTION. 


45 


Mr. Plummer 

Mr. Green 

Mr. Rogers 

Mr. Page (Charles 1 

Mr. March 

Mr. Prentice 

Mr. Waldron 

Mr. Newcomb 

Mr. Thompson 

Mr. Gilmore 

Mr. Chandler 

Mr. Temple 

Mr. Page (Goffstown) 

Mr. Kingsbury 

Mr. Barrett 

Mr. J. Duncan 

Mr. Fisk 

Mr. Freeman 

Mr. Jer e Smith 

Mr. Payne 

Mr. Stark 

Mr. Franklin. 

Nays. 

Nays. 

Mr. Blanchard 

Mr. R. Parker 

Mr. E. Pickering 

Mr. Allcl 

Mr. Brackett 

Mr. Barron 

Mr. Leavitt 

Mr. D. Emerson 

Mr. Dodge 

Mr. Atherton 

Mr. Webster 

Mr. Abbott 

Mr. Wheeler 

Mr. P. Clark 

Mr. Cilley 

Mr. Cragin 

Mr. McClarey 

Mr. Nichols 

Mr. Clark 

Mr. Wallace 

Mr. Sias 

Mr. Pierce 

Mr. Foster 

Mr. Warren 

Mr. E. Wood 

Mr. Greeley 

Mr. Walker 

Mr. A. Wood 

Mr. Head 

Mr. Searls 

Mr. N. Emerson 

Mr. Flanders 

Mr. Swain 

Mr. Whitcomb 

Mr. Tilton 

Mr. Whipple 

Mr. Calfe 

Mr. Alexander 

Mr. Peabody 

Mr. Jackson 

Mr. Dow 

Mr. Rand 

Mr. Davidson 

Mr. French 

Mr. Gibson 

Mr. Chase 

[p. 51.] Mr. Rawlings 

Mr. Wilcox 

Mr. Palmer 

Mr. Holmes 

Mr. How 

Mr. Warded 

Mr. Waldron 

Mr. Tainter 

Mr. Harper 

Mr. N. Parker 

Mr. Cogswell 

Mr. Kimball 

Mr. Clough 

Mr. S. Duncan 

Mr. Hooper 

Mr. Rogers 

Mr. E. Smith 

Mr. Crawford 

Mr. Bedee 

Mr. Johnson 

Mr. Hoit 

Mr. Hutchens 

Mr. Hodgdon 

Mr. Tarlton 

Mr. Tash 

Mr. White 

Mr. Copp 

Mr. Carlton. 


29 yeas, 74 nays—so it was determined to be out of order. 
Adjourned to 3 o’clock P. M. 


46 


STATE OF NEW HAMPSHIRE. 


Met accordingly. 

The first paragraph being again read, a motion was made 
to postpone the further consideration thereof until Monday 
next at 4 o’clock P. M.—passed in the affirmative. The sec¬ 
ond, third & fourth paragraphs were read & motion was made 
to postpone the consideration thereof until Monday next at 
4 o’clock P. M. which passed in the affirmative. 

The fifth paragraph was read and motion made that an 
alteration be made in this Article so that the election be 
determined by poll, if required by seven of the electors pres¬ 
ent:—which motion was lost: motion was then made that 
the words “Shall be of the Protestant religion,” be struck 
[p. 52.] out—to determine which the yeas & nays were 
called, and are as follows, (viz.) 


Yeas. 

Yeas. 

Mr. Humphreys 

Mr. Whipple 

Mr. Tinney 

Mr. Temple 

Mr. Blanchard 

Mr. Copp 

Mr. Stow Ranney 

Mr. Wilcox 

Mr. Plummer 

Mr. Freeman 

Mr. Rogers 

Mr. Payne 

Mr. Foster 

Mr. White 

Mr. Peabody 

Mr. Carlton 

Mr. Hoyt 

Mr. Rogers 

Mr. Thompson 

Mr. P. Page 

Mr. Greeley 

Mr. Crawford 

Mr. Barrett 

Mr. Johnson 

Mr. Flanders 

Mr. Freeman 

Mr. Jer e Smith 

Mr. Payne 

Mr. Tash 

Mr. How 

Mr. Stark 

Mr. Clough 

Mr. Bedee 

Mr. Bedee ? (1) 

Mr. Page, (C) 

Mr. Hooper. 


33 yeas—51 nays—so it was negatived. 

[Note. The names of the nays are not entered; and the yeas , as 
recorded, are 35 instead of 33 .—Ed.] 

Adjourned to Monday next at 10 o’clock, A. M. 

[p. 53.] Monday, Sept. 12 th , 1791. 

Met according to adjournment. 

The sixth paragraph was read and the following introduced 
in its stead. 

“The members of both Houses of the Legislature shall 
be compensated for their service out of the public Treasury 


(1) This name appears twice.—E d. 



JOURNAL OF CONVENTION. 


47 


by a Law made for that purpose. All vacancies may be filled 
up at any time as occasion may require.” 

The 7 th paragraph was read but not debated. 

The 8 th was read and some debate ensued but no altera¬ 
tion made. 

The 9 th , io th , & 11 th paragraphs were read & no debate 
ensued. 

The 12 th paragraph was read and motion made to make 
the following addition: “The House of Representatives shall 
be the Judge of the returns, elections and qualifications of 
its own members as pointed out in the Constitution”—which 
passed in the affirmative. 

The 13 th paragraph was read and motion made to strike 
out the following words—“The Journals of the proceedings 
of both Houses of the General Court shall be printed and 
published immediately after every adjournment or proroga¬ 
tion:”—After some debate the-motion was referred to Mr. 
[p. 54.] Peabody, Mr. Thompson and Mr. Payne, who are to 
report their opinion thereon. 

Motion was then made that the last clause of said para¬ 
graph be expunged, which consists of the following words: 
“And upon motion made by any one member, the yeas & 
nays upon any question shall be taken & entered in the 
Journals:” after some debate the motion was withdrawn. 

Motion was then made that said last clause be altered to 
read in the following manner:—“And upon motion made by 
any one member and seconded by another, the yeas and nays 
upon any question shall be taken and entered in the Jour¬ 
nals”—which motion was determined in the negative by yeas 
and nays, which were as follows: 

[The names are not entered.—E d.] 

[p. 55 -] l 9 yeas, 62 Nays. (1) 

Executive Power. 

Under the head of President. 

The first paragraph was read and voted that the stile of 
the Supreme Magistrate be altered from “the President of 
the State of New Hampshire,” to “the Governor of the State 
of New Hampshire.” 


(1) Persons who are curious to learn the names of those who voted yea or nay, may consult 
the marks y or n as entered against the name of each member on a specified day, as seen in 
the list of members on pp. 2-33 .—Ed. 



48 


STATE OF NEW HAMPSHIRE. 


The second & third paragraphs were read and the consid¬ 
eration thereof postponed by vote until the afternoon. 

The fourth paragraph was read and motion was made to 
expunge said paragraph, and after some debate passed in the 
affirmative;—the yeas and nays on the determination were 
as follows, (viz.) 

[Names are not entered.—E d.] 

[ p . 56.] 65 yeas— 14 Nays. 

Adjourned to 3 o’clock P. M. 

Met accordingly. 

The fifth & sixth, seventh & eighth paragraphs under 
said head were read and no debate ensued. 

The ninth paragraph was read and motion was made that 
the following be inserted in lieu thereof:—“that all Judicial 
Officers, the Attorney General, Solicitors, all sheriffs, coro¬ 
ners, registers of probate, and all officers of the N avy and 
[p. 57.] general and field officers of the militia, shall be nomi¬ 
nated by the Governor and by and with the advice and con¬ 
sent of the Council, shall be appointed by him, and every 
such nomination shall be made at least seven days prior to 
such appointment and no appointment shall take place unless 
three of the Council agree thereto. The Captains & subal¬ 
terns in the respective regiments shall be nominated and 
recommended by the field Officers to the Governor, who is 
to issue their Commissions immediately on receipt of such 
recommendation. 

Resumed the consideration of the first paragraph under 
the head of House of Representatives, [see marg. pp. 49-51] 
which was postponed on Saturday last to this time, and mo¬ 
tion was made in the following words: “That there shall be 
in the Legislature of this State a House of Representatives 
consisting of sixty persons who shall be the second branch 
of the Legislature and annually elected by the people: That 
such representation may be as equal as circumstances will 
admit, the General Court shall divide the State into sixty 
districts making such division by the number of rateable 
polls as equal as may be so as not to divide towns & unincor¬ 
porated places, and timely to make known to the Inhabitants 
[p. 58.] of the State the limits of each district; That each 
district shall be entitled to send one representative ; that the 
member of the House of Representatives shall be annually 
elected on the first Monday of March; That every male 


JOURNAL OF CONVENTION. 


49 


inhabitant of each town in the District to which he belongs of 
twenty one years & upwards, paying for himself a poll Tax 
shall have a right at said meeting to be duly warned & holden 
annually forever on said first Monday of March, to vote in 
the town wherein he dwells for the representative of the dis¬ 
trict whereof he is a member, and after the Inhabitants of 
the towns have voted the meetings shall be adjourned to the 
third Monday of March; That on the second Monday of 
March the several Town clerks of each district shall meet 
at some convenient central place in the district with copies 
of the record of the proceedings of said town meetings to ex¬ 
amine and count the votes, and if upon examination it shall 
appear to said Town clerks that any one has a majority of 
the votes, they shall declare him chosen and a certificate of 
his choice signed by the major part of said clerks shall be 
[p. 59.] deemed sufficient evidence of his election; but in case 
no one person has a majority of votes the said clerks shall 
return to the several Towns in the district the two persons 
having the highest number of votes, and on the third Mon¬ 
day of March the inhabitants of the said Towns shall elect 
one of the candidates to represent said district: The said 
Town clerks of the district shall meet again on the fourth 
Monday of March at the place of their first meeting with a 
copy of the record of the last meeting, and sort, count and 
examine the votes and declare who is elected representative 
of the district, and a certificate signed by the major part of 
said clerks shall be the proper evidence of such Representa¬ 
tive’s election.* 

[p. 60.] After some debate, a division of the motion was 
called for and the yeas and nays required on the first clause 
in said motion, namely—“There shall be in the Legislature 
of this State, a House of Representatives consisting of sixty 
persons who shall be the second branch of the Legislature, 
and annually elected by the people.” 

The yeas & nays being taken were as follows, viz.f 

22 yeas—73 nays, so it was negatived. 

[p. 61.] Motion was then made to strike out the words “one 
hundred and fifty,” in order to insert a larger number: to de¬ 
termine which the yeas and nays were called and are as fol¬ 
lows (viz.) 

[p. 62.] 31 yeas—70 nays. So it was negatived. 

* This motion was made by William Plumer.— Marg. 

f Names are not in any case entered.—E d. 

4 




50 


STATE OF NEW HAMPSHIRE. 


Motion was then made that the words “if four hundred 
and fifty rateable polls,” be erased and the words “ three hun¬ 
dred” be inserted instead thereof: And the words, “making 
three hundred such polls the mean increasing number for 
every additional representative,” be also erased:—on which 
motion the yeas and nays were called for and were as follows, 
(viz.) 

[p. 63.] 21 yeas—77 Nays. So it passed in the negative. 

Adjourned to 8 o’clock to-morrow morning. 

Tuesday, Sept. 13 th , 1791. 

Met according to adjournment. 

The second, third & fourth paragraphs under the head of 
House of Representatives were resumed, read & considered, 
but no alteration made. 

Proceeded to tenth paragraph under the head Presi¬ 
dent. 

The 10 th , 11 th , 12 th , 13 th , 14 th , 15 th , 16 th , & 17 th paragraphs 
were read and no debate ensued. 

[p. 64.] The 18 th paragraph was read and postponed until 
the committee report, who were chosen to report respecting 
senators. 

Under the head “Council” 

The first paragraph was read and after some debate, voted 
to postpone the whole under the head Council, until it shall 
be determined in what manner the Senate shall be appointed. 

Under the head, 

“Secretary, Treasurer, Commissary Gen 1 .” &c. 

the first & second paragraphs were read & no debate ensued. 

Under the head 

“County Treasurer,” &c. 

The paragraph was read and after some debate, voted, That 
the following be inserted instead thereof: “The County Treas¬ 
urer and register of Deeds shall be elected annually by the 
Inhabitants of the several Towns in the several Counties in 
this State according to the method now practised; But the 
Legislature may alter the present Laws & method of collect¬ 
ing the votes, and before they enter upon the business of 
their offices, shall be respectively sworn faithfully to dis- 
£p. 65.] charge the duties thereof, and shall severally give 


JOURNAL OF CONVENTION. 


51 


bond with sufficient sureties in a Reasonable sum for the 
use of the County for the punctual performance of their re¬ 
spective trusts.” 

The committee chosen to report upon several paragraphs 
under the head “ Senate” reported in favour of several amend¬ 
ments or alterations, as follows:— 

I st “The Senate shall choose one of their own mem¬ 
bers President of the Senate”—which was read and consid¬ 
ered, received and accepted. 

2 d . “The Legislature shall divide the State into twelve dis¬ 
tricts having respect to the proportion of public taxes as 
nearly equal as may be without dividing Towns or places, 
and each district shall choose one.” 

Upon reading the 2 d paragraph above mentioned, motion 
was made to strike out the word “twelve,” and insert the 
word “fifteen,” which motion was determined by yeas and 
nays and were as follows:— 

[p. 66.] 18 Yeas, 81 Nays. So it was negatived. 

Motion was then made to strike out the word “twelve” 
and insert the word “thirteen,” which passed in the affirma¬ 
tive—and the paragraph thus amended was rec d & accepted. 

3 d “The 2 d section under the head of Senate to be ex¬ 
punged”—which passed in the affirmative. 

4 th “ Meetings for the choice of Senators to be holden on 
the I st Tuesday of March & adjourned to the third Tuesday 
of the same month,” which was read and debated, and the 
following voted to be inserted in its stead:—The Inhabi- 
[p. 67.] tants of the several towns and places in this State 
shall give in their votes for Senators at their annual meet¬ 
ings in the month of March. 

5 th . “Meetings for the choice of Senators to be holden, 
governed and the proceedings certified as the Law directs 
in other cases”—which passed in the affirmative. 

6 th . “The votes to be returned to persons appointed by 
the Legislature in each district who are to count them, and 
in case of no choice return the two highest to the several 
towns and places in such district; one of whom at the ad¬ 
journed meeting to be elected.” 

Which 6 th article in the report was divided and the first 
part thereof accepted, namely, “ The votes to be returned to 
persons appointed by the Legislature in each district who 
are to count them.” 


52 


STATE OF NEW HAMPSHIRE. 


Motion was then made that the remainder of the sixth ar¬ 
ticle reported, be struck out, “and in case &c.” and the fol¬ 
lowing words inserted: “And the person having the highest 
number of votes in each district shall be declared duly chosen 
and the choice shall be certified by the persons who examine 
the votes/’ 

To determine which the yeas and nays were called, and 
are as followsviz. 

[p. 68.] 57 yeas, 41 nays. So it passed in the affirmative. 

7 th . “ The qualification of a Senator as to estate shall be 
five hundred pounds which was debated and motion made 
that “ five hundred ” be struck out, and “ two hundred ” in¬ 
serted, which passed in the affirmative; and the paragraph 
accepted with the amendment. 

[p. 69.] 8 th “ Vacancies shall be filled up by the district in 
which the same may happen in the same manner: the gov¬ 
ernor appointing the time of holding the meetings : ” which 
was read and considered, rec d & accepted. 

9th “ When the Senate sit on the trial of impeachments, 
they may adjourn themselves to any time and place, though 
the Legislature be not then & there assembled:”—which 
was read and consider’d received and accepted. 

Adjourned to 3 o’clock, P. M. Met accordingly. 

Under the head, “Judiciary Power,” 

The whole was read and no debate ensued. 

Under the head, “ Clerks of Courts,” 

The paragraph was read and no debate thereon. 

Under the head, “ Delegates to Congress,” 

The whole was read, and voted that it be expunged. 

Under the head, “ Encouragement of Literature,” 

The Paragraph was read but not debated. 

Under the head, “ Oaths & Subscriptions,” &c. 

the first paragraph was read containing form of Oaths &c. 
motion was made, the form of Oath called the Oath of 
[p. 70.] allegiance be struck out in order to introduce some 
other form instead thereof:—which passed in the affirma¬ 
tive :—where upon Voted that the following form be in¬ 
serted : 


JOURNAL OF CONVENTION. 


53 


“I, A. B. do solemnly swear that I will bear faith and 
true allegiance to the State of New Hampshire, and will 
support the Constitution thereof. 

So help me GodS 

Voted that the following proviso be inserted, namely: 
“ Provided also, that when any person chosen to any of the 
offices aforesaid shall have already taken & subscribed this 
Oath or affirmation of Allegiance and the same shall be on 
record or on file in the Secretary’s office, it shall not be 
necessary for him to take it again on his being chosen.” 

The second and third paragraphs were read and no de¬ 
bate thereon. 

The fourth paragraph was read, and it was voted to strike 
out the whole of the paragraph excepting the following 
words : “ all writs issuing out of the Clerks office in any of 
the Courts of Law shall be in the name of the State of 
New Hampshire.” 

[p. 71.] The 5 th , 6 th , 7 th , 8 th , 9 th , & 10 th paragraphs were 
read and not debated. 

The eleventh paragraph was read and after some de¬ 
bate the following alterations were voted, That the words 
“ members of Congress or any person holding an office 
under the United States shall hold the office of Governor 
or” — which words are to be inserted between the word 
“ naval officers ” and the words, “ shall at the same time ” 
&c. 

The following motion was made, “ That attorneys that 
practise at the Bar be exempted from holding a seat in the 
Senate or House of Representatives,” on which motion the 
yeas & nays were called and are as follows : 

[p. 72.] 15 yeas—79 Nays. So the motion was lost. 

Motion was then made that no member of the General 
Court shall take fees, be of Council or act as advocate in 
any cause before either branch of the Legislature; and 
upon due proof thereof, such member shall forfeit his seat 
in the Legislature ;—which passed in the affirmative.* 

The remaining paragraphs were read and no debate 
thereon. 

Voted, That Mr. Plummer, Mr. Smith & Mr. Payne be a 
Committee to reduce to form the proposed amendments and 
report thereon. 


* This motion was made by William Plumer.— Marg. 




54 


STATE OF NEW HAMPSHIRE. 


[p. 73.] Voted That Mr. Newcomb, Mr. Humphreys and 
Mr. Atherton be a Committee to take under consideration 
the several paragraphs under the head “ Council,” and 
report thereon. 

Adjourned to 9 o’clock to-morrow morning. 

Wednesday, Sept r 14, 1791. Met according to adjourn¬ 
ment. 

The Committee to consider of that article in the Consti¬ 
tution which directs that the Journals of both Houses of 
the General Court be printed immediately after every ad¬ 
journment &c. Reported, “That said article ought to be 
expunged.” Upon reading and considering said report, mo¬ 
tion was made to accept the same—on which motion the 
yeas and nays were called, and are as follows: 

[p. 74.] 37 yeas, 58 Nays. So it was rejected. 

Voted That Mr. Walker, Mr. Peabody & Mr. Cogswell 
be a Committee to take under consideration and report such 
directions respecting printing the Journals of the proceed¬ 
ings of both Houses.of the General Court as they may 
judge proper. 

Adjourned to 3 o’clock P. M. Met accordingly. 

The Committee to consider the 19 th article in the Bill of 
rights [see marg. p. 46] &c. Reported, That after the first 
[p. 75.] period, it be altered so as to read thus (viz.) “There¬ 
fore all warrants to search suspected places or to arrest a 
person for examination or trial in prosecution for criminal 
matters, are contrary to this right ” if the cause &c. then 
proceed as it now stands in said 19 th article: Which report 
being read and considered, Voted that it be received and 
accepted. 

The Committee to consider that part of the Constitution 
which respects printing and publishing the proceedings of 
both Houses of the Legislature, [see marg. p. 74] Reported: 
“That the Journal or Register of said proceedings to be 
published contain all acts and Resolves passed and all votes 
for raising, granting or appropriating public monies ;—A 
brief statement of facts with the prayers contained in any 
Petition, by whom offered, & the proceedings thereon; 
Every motion acted upon & by whom made & seconded ; 
an account of all Committees chosen with their reports and 
proceedings thereon; and the yeas & nays upon all acts & 
Laws.” 


JOURNAL OF CONVENTION. 


55 


Upon reading and considering the foregoing report, mo¬ 
tion was made to divide the same in the following manner: 
[p. 76 .] “That the journal or Register of said proceeding 
to be published contain all Acts & Resolves passed, and all 
votes for raising, granting or appropriating public monies,”— 
be first put to vote: which vote obtained, and the report 
thus far received and accepted. 

Motion was then made that the remaining part of said 
Report be accepted, namely “a brief statement” &c. on 
which motion the yeas & nays were called and are as follows : 

38 yeas—64 nays. So it was negatived. 

[p. 77.] Adjourned to 9 o’clock to-morrow morning. 

Thursday, Sept r 15 th , 1791. Met according to adjourn¬ 
ment. 

The Committee appointed to take into consideration the 
method of appointing the Council &c. [see marg. p. 73] 
Reported :—which report after some small alterations made 
in Convention stands in the following words, viz. 

“That there be annually chosen by ballot by the Inhab¬ 
itants of this State qualified to vote for Senators, five Coun¬ 
sellors for advising the Governor in the executive part of 
the Government, one of whom shall be voted for and chosen 
in each County by the Inhabitants within the same qualified 
as aforesaid, on the day for the election of Senators ; and 
the number of votes shall be returned in the manner pro¬ 
vided for returning votes for the Governor to the Secretary 
of the State, and shall be sorted and counted by the Secretary 
and the Treasurer until the Legislature shall order other¬ 
wise ; and the person having the highest number of votes 
in each County shall be considered as duly elected a Coun¬ 
sellor : Provided he be an Inhabitant of the County for 
which he is chosen, be of thirty years of age and have an 
[p. 78.] estate of the value of five hundred pounds within 
this State, three hundred of which at least shall be freehold: 
But in case two or more persons shall have an equal number 
of votes, the Secretary and Treasurer or such other persons 
as the Legislature may appoint, shall draw one of them by 
lot, who shall be considered as duly chosen, and the Secre¬ 
tary shall seventeen days before the first Wednesday in 
June, give notice of the choice to the persons elected. Pro¬ 
vided however, that if any person thus chosen a Counsellor 
shall also be chosen a member of either branch of the Legis¬ 
lature for the same year and shall accept the trust, his 


56 


STATE OF NEW HAMPSHIRE. 


Election as a Counsellor shall be void. And, in such case, 
as also when any person chosen to that office shall refuse to 
accept the same; and in case of the death of any Counsel¬ 
lor, the Governor shall issue a precept for the Election of a 
new Counsellor in that County, wherein such vacancy shall 
happen, which choice shall be in the manner before pre- 
[p. 79.] scribed : And if any new County shall be hereafter 
erected, a Counsellor may and shall be chosen therein in the 
same manner. 

“ And the Governor shall have full power and authority 
to convene the members of the Council from time to time 
at his discretion and with them or the majority of them, at 
least, may and shall hold a Council for ordering and direct¬ 
ing the affairs of the State. 

“ The resolutions and advice of the Council shall be re¬ 
corded by the Secretary and signed by all the members 
present agreeing thereto, and this record may be called for 
at any time by either branch of the Legislature, and any 
member of the Council may enter his opinion contrary to 
the resolution of the majority, with the reasons of such 
opinion.” 

Which was read and considered, rec d & accepted. 

Resolved, That for the more effectually preserving the 
proper separation of the three great powers of Government 
agreeably to the 37 th Article in the Bill of Rights, the power 
of hearing and deciding in causes of equity ought to be 
vested either in some Judicial Court or Courts, or in some 
[p. 80.] Court or Courts to be established and impowered 
specially for that purpose, Provided that no power shall be 
granted to said Courts incompatible with the principles con¬ 
tained in the Bill of Rights and Constitution ; but the juris¬ 
diction & power of said Courts ought to be limited and 
defined by express Laws. 

On which Resolve the yeas & nays were called and are 
as follows, (viz.) 

72 Yeas—26 Nays. So it passed in the affirmative. 

[p. 81.] Adjourned to 3 o’clock P. M. Met accordingly. 

Resolved That there shall be one Supreme Judicial Court 
of Law who shall have original jurisdiction of all causes 
where the sum exceeds four pounds, and appellate jurisdic¬ 
tion in other cases to be provided by Law. 


JOURNAL OF CONVENTION. 


57 


On which Resolve the yeas and nays were called, and are 
as follows: 

61 Yeas—34 Nays. So it passed in the affirmative. 

[p. 82.] Resolved, That the several Justices of the Peace 
in their respective Counties shall have jurisdiction in all 
causes where the sum is under four pounds, except causes 
where title of Land is drawn in question: On which Re¬ 
solve the yeas and nays were called, and are as follows—viz. 

63 yeas—35 nays. So it passed in the affirmative. Mr. 
Foster requested to be excused from giving his vote, offer¬ 
ing for a reason that he was a Justice of the Peace, and 
[p. 83.] felt himself interested in the determination; but 
the Convention would not excuse him. 

Resolved, That it shall be the duty of the Legislature to 
abolish the Inferior Courts of Common Pleas ; on which 
Resolve the yeas and nays were called and are as follows: 

55 Yeas—31 Nays. So it passed in the affirmative. 

[p. 84.] Resolved, That it be the duty of the Legislature 
to abolish the Courts of General Sessions of the Peace: 
On which Resolve the yeas and nays were called, and are as 
follows, viz. 

37 yeas—50 nays. So it passed in the negative. 
Adjourned to 9 o’clock to-morrow morning. 

[p. 85.] Friday, Sept 1 ' 16 th , 1791. 

Met according to adjournment. 

Sundry matters were debated. 

Adjourned to 3 o’clock P. M. Met accordingly. 

Voted, That Mr. Peabody, Mr. Plummer, Mr. Hoit, Mr. 
Smith (Meridith) Mr. Wallace, Mr. Atherton, Mr. Page 
(Charlestown) Mr. Kingsbury, Mr. Payne & Mr. Freeman, 
be a committee to take into consideration the Constitution 
and the Resolutions passed at this session, and the several 
motions for alterations that have not been acted upon, and 
prepare and report to the Convention at the adjournment, 
alterations and amendments to be submitted to the people. 

Mr. Greeley’s motion, Mr. Humphrey’s 2 motions, Mr. 
Tinney’s two motions, Mr. Kimball’s Do. Mr. Rogers’s Do. 
Mr. Plummer’s five motions, Maj r Stark’s motion, Mr. New¬ 
comb’s 2 Do. Gen. Peabody’s & Mr. Waldron’s motions 
were referr d to the above-named Committee. 

Adjourned to the second Wednesday of February next 
at 10 o’clock, then to meet at Concord. 


\Note. At the adjour)ied meeting of the Convention, February 8th, 1792, the following members were prese?it: viz. 


58 


STATE OF NEW HAMPSHIRE. 


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JOURNAL OF CONVENTION 


59 


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List of Members — continued. 


6o 


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List of Members — continued. 


62 


STATE OF NEW HAMPSHIRE 



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JOURNAL OF CONVENTION. 


63 


[ p . 87.] Wednesday, Feb y 8 th , 1792. 

Several members of Convention met agreeably to adjourn¬ 
ment ; but there not being a quorum, and the President be¬ 
ing absent (the Honb 1 Judge Walker in the chair) they 
agreed to adjourn to 3 o’clock, P. M. 

Met according to adjournment, and there being a quorum, 
and the Honb 1 the President being absent out of the State, 
motion was made for the choice of a President Pro Tempore, 
and the ballots being taken the Honb 1 John Pickering Esq 1 ’, 
was unanimously chosen. 

Adjourned to 9 o’clock to-morrow morning. 

Thursday Feb y 9 th , 1792, the Convention met according 
to adjournment. 

The Committee chosen in September last to take into 
consideration the Constitution and the Resolutions passed 
at that session and the several motions for alterations [see 
marg. p. 85] Reported their opinion as to alterations and 
their Reasons therefor ; also the Constitution with the pro¬ 
posed alterations incorporated which Reports being read, 
Motion was made to postpone the consideration of said Re¬ 
ports until the afternoon—which motion prevailed. 

[p. 88.] Adjourned to 3 o’clock, P. M. Met accordingly. 

[Note. The editor, with advice, has judged it expedient here to insert 
full, first, The alterations and amendments proposed by the abovesaid 
committee ; and second, The constitution with said alterations and 
amendments incorporated. The journal, which subsequently follows, 
will show definitely the action which the convention took upon both 
the said reports.— Ed.] 

I. REPORT OF THE COMMITTEE ON ALTERATIONS AND 

AMENDMENTS. 

[See MS. Journal, pp. 243-274.] 

BILL OF RIGHTS. 

Article XIX. 

Every citizen hath a right to be secure from all unreasonable searches 
and seizures of his person, his houses, his papers, and all his posses¬ 
sions : Therefore all Warrants to search suspected places or arrest a 
person for examination or trial in prosecutions for criminal matters, are 
contrary to this right, if the cause or foundation of them be not previ¬ 
ously supported by oath or affirmation; and if the order in a warrant 
to a civil officer to make search in suspected places, or to arrest one or 
more suspected persons, or to seize their property, be not accompanied 
with a special designation of the persons or objects of search, arrest or 


64 


STATE OF NEW HAMPSHIRE. 


seizure: And no Warrant ought to be issued, but in cases and with the 
formalities prescribed by Law. 

Article XX. 

In all controversies concerning property, and in all suits between two 
or more persons, except in cases in which it has been heretofore other¬ 
wise used & practised, the parties have a right to trial by Jury: And 
this method of procedure shall be held sacred, unless in causes arising 
on the high seas, and such as relate to mariners wages, and also in ac¬ 
tions where the sum demanded in damages shall not exceed twenty shil¬ 
lings, the Legislature shall think it necessary hereafter to alter it. 

' * 

Article XXXIX. 

Beasts of the Plough, not exceeding a yoke of oxen or a horse. In¬ 
struments of husbandry, and the necessary Tools of a man’s Trade, 
shall not be liable to be distrained, attached, or taken in execution for 
debt; unless by the person who furnished them. 


PART SECOND. 

THE GENERAL COURT. 

Paragraph 2. 

The Senate and House shall assemble every year on the third Wednes¬ 
day of September and at such other times as they may judge necessary 
and shall dissolve and be dissolved seven days next preceding the said 
third Wednesday of September; and shall be stiled, The General 
Court of New Hampshire. 

Every Bill which shall have passed both Houses, shall, before it be¬ 
come a Law, be presented to the Governor; if he approve, he shall 
sign it; but if not, he shall return it with his objections to that House 
in which it shall have originated, who shall enter the objections at 
large on their Journal and proceed to reconsider it: if, after such recon¬ 
sideration, four sevenths of that House shall agree to pass the Bill, it 
shall be sent, together with such objections, to the other House, by 
which it shall likewise be reconsidered; and if approved by a majority 
of that House, it shall become a Law: But in all such cases, the Votes 
of both Houses shall be determined by yeas & nays, and the names of 
the persons voting for or ag st the Bill shall be entered on the Journal 
of each house. If any Bill shall not be returned by the Gov r . within 
five days (Sundays excepted) after it shall have been presented to him, 
the same shall be a Law in like manner as if he had signed it: unless 
the Legislature by their adjournment, prevent its return; in which 
case it shall not be a law. 

Every Resolve shall be presented to the Gov r . and before the same 
shall take effect, shall be approved by him; or being disapproved by 
him, shall be repassed by the Senate and House of Representatives, 
according to the Rules and Limitations prescribed in the case of a Bill. 

No member of the General Court shall take fees, be of Counsel, or 
act as advocate in any cause before either branch of the Legislature; 



JOURNAL OF CONVENTION. 65 

and upon due proof thereof, such member shall forfeit his seat in the 
Legislature. 

All persons who behave decently, shall have liberty of admission to 
, hear the Debates and proceedings of both Houses of the Legislature; 
except when the welfare of the State shall require secresy. 


SENATE. 

The Senate shall consist of twelve Members, who shall hold their 
office for two years next ensuing their election. 

And that the State may be equally represented in the Senate, the 
Legislature shall from time to time divide the State into twelve Dis¬ 
tricts, as nearly equal as may be, without dividing towns and unincor¬ 
porated places; and in making this division, they shall govern them¬ 
selves by the proportion of public taxes paid by the said District; and 
timely make known to the Inhabitants of the State, the limits of each 
District. 

The freeholders and other Inhabitants of each District qualified as in 
this Constitution is provided, shall biennially give in their votes for a 
senator at some meeting holden in the month of March. 

The Senate shall be the first Branch of the Legislature; and the 
Senators shall be chosen in the following manner:—Every male inhab¬ 
itant of each Town & parish with town privileges in this State, of twen¬ 
ty-one years of age and upwards, paying for himself, or liable to pay, 
a poll tax or the amount thereof, shall have a right at the annual or 
other meetings of the inhabitants of s d towns and parishes, to be duly 
warned and holden every second year in the month of March, to vote 
for a senator in the District whereof he is a member;—and every per¬ 
son qualified as the Constitution provides, shall be considered an inhab¬ 
itant for the purpose of electing and being elected into any office or 
place within this State, in that town, parish or plantation where he 
dwelleth & hath his home. 

The Legislature when they divide the State into Districts, and as 
often as they shall think necessary, shall appoint some suitable persons 
as counters in each District, who shall meet on the Thursday next fol¬ 
lowing the Second Wednesday of April every year in which there are 
meetings held in the District for the election of a Senator, and the 
General Court shall appoint the place of their meeting, and it shall be 
the duty of said counters, until others are appointed in their room, to 
receive, examine and count the votes for Senators, and make a proper 
record thereof, certify the choice, and seasonably deposit the returns 
from the several Towns, parishes & places, and the record of their pro¬ 
ceedings in the Secretary’s office. 

The meetings for the choice of Senators, and all governmental offi¬ 
cers shall be warned by Warrant from the selectmen, and governed by 
a Moderator, who shall preside at such meetings impartially, and re¬ 
ceive the votes of all the inhabitants of such towns & parishes present 
and qualified to vote for Senators, and shall sort and count the same in 
the meeting, and in presence of the Town Clerk, who shall make a fair 

5 





66 STATE OF NEW HAMPSHIRE. 


record in open meeting of the name of every person voted for, and the 
number of votes against his name ; and a fair copy of this record shall 
be attested by the Town Clerk, and shall be sealed up and directed to 
the counters of the District with a Superscription expressing the pur¬ 
port thereof, and delivered by the s d clerk to the counters of the Dis¬ 
trict in which such town or parish is, on or before the Second Wednes¬ 
day of April next following such Town Meeting ; 

Provided nevertheless, that no person shall be capable of being elect¬ 
ed a Senator, who is not seized of a freehold estate in his own right of 
the value of two hundred ftoimds lying within this State, who is not of 
the age of thirty years, and who shall not have been an inhabitant of 
this State for seven years immediately preceding his election, and at the 
time thereof, he shall be an inhabitant of the District for which he is 
chosen. 

And the inhabitants of plantations & places unincorporated, qualified 
as this Constitution provides, who are or shall be required to assess 
taxes upon themselves towards the support of Government, or shall be 
taxed therefor, shall have the same privilege of voting for senators in 
the plantations & places where they reside, as the inhabitants of the 
several respective towns and parishes afores d have; and the meetings 
of such plantations & places for that purpose, shall be holden every 
second year in the month of March, at such places respectively therein, 
as the assessors thereof shall direct, &c. 

In case it [there] shall not appear by the Returns of the counters to be 
a senator elected by a majority of votes for any District, the counters of 
that District shall take the names of the two persons who shall have 
the highest number of votes, and the number of votes that each of 
them shall have, & certify and deliver the same to the Selectmen of 
each town & parish in such District, and to the Assessors of unincor¬ 
porated places, within eight days after the counting ■ thereof; and it 
shall be the duty of the s d Selectmen & Assessors respectively, to warn 
a meeting of the inhabitants qualified to vote for senators, to be held 
within fifteen days after the expiration of s d eight days, giving at least 
twelve days notice, to elect one person out of the two returned as 
afores d to be senator for the District, and the several town clerks & as¬ 
sessors in s d Districts, shall within eight days after the expiration of 
said fifteen days, return a fair attested copy of the Record of the num¬ 
ber of Votes in the Towns, parishes and places in the Districts, to the 
counters of said Districts, and the counters shall on the ninth or tenth 
day after the expiration of s d fifteen days, meet and as soon as may be, 
sort & count the votes, declare the choice, and notify the person elect¬ 
ed : And in case it shall so happen that two or more persons having the 
highest number of votes, shall have an equal number, the counters 
shall by lot determine which of them shall be sent to the people ; And 
if it should so happen that from the returns from the meetings held to 
compleat the elections, that the two persons voted for should have an 
equal number of votes, the counters shall by lot determine which of 
them shall be senator for such District, and notify him accordingly. 

All vacancies that may happen in the Senate, shall, from time to time 
be filled up in the same way & manner as the first elections are directed 
to be madethe Gov r . appointing the time for holding the meetings 
for that purpose. 


JOURNAL OF CONVENTION. 


67 


The Senate shall have power to adjourn, &c. Provided nevertheless , 
that whenever they shall sit on the trial of any Impeachment, they may 
adjourn to such time and place as they may think proper, altho 1 the 
Legislature be not assembled on such day or at such place. 

Every officer whilst under Impeachment shall be suspended from the 
exercise of the duties of his office; but the trial shall be as speedy as 
the nature of the case will admit. 


HOUSE OF REPRESENTATIVES. 

After the first Paragraph.— 

Provided nevertheless , That whenever the number of Members of 
the House of Representatives shall exceed one hundred and ten, it 
shall be the duty of the Legislature to make such arrangements as that 
the members shall not exceed at any time that number, nor shall the 
Towns and Districts intituled to send Representatives at any time, be 
less than eighty. 

The members of both Houses of the Legislature shall be compensat¬ 
ed for their services out of the Treasury of the State, by a Law made 
for that purpose—such members attending seasonably, and not depart¬ 
ing without license. 

And any member of the Senate, House of Representatives, or Coun¬ 
cil, shall have a right, on motion made for that purpose at the time, to 
have his protest or dissent, with the reasons against any vote, resolve 
or bill passed, entered on the Journals. 


EXECUTIVE POWER. 

Governor. 

The word “ President” shall be struck out, and Governor inserted 
in all the sections where President is named. 

Fourth Section shall be struck out. 

All Judicial officers, the Attorney Gen 1 ., Solicitors, all sheriffs, coro¬ 
ners, registers of probate, and all officers of the Navy, and general and 
field officers of the militia, shall be nominated and appointed by the 
Gov r . & Council; and every such nomination shall be made at least 
three days prior to such appointment;—and no appointment shall take 
place unless a majority of the Council agree thereto. 

The Gov r . & Council shall have a negative on each other, both in the 
nominations & appointments. 

The yeas and nays both of the Gov r & Council present, on all nomi¬ 
nations & appointments, shall be entered on the Journals of the Coun¬ 
cil. 

The Captains and subalterns in the respective Regiments, shall be 
nominated by the Field officers, and if approved by the Gov r ., shall be 
appointed by him. 




68 


STATE OF NEW HAMPSHIRE. 


LIEUTENANT GOVERNOR. 

There shall be annually elected in the month of March, a Lieu 4 . 
Gov r . whose title shall be His Honor ;—and who shall be qualified in 
point of property, residence, and elected, in the same manner as the 
Governor is. 

The qualifications of the electors shall be the same as those required 
by this Constitution for the electors of Senators. 

The Lieu 4 Governor, when the Governor is in the Chair, shall be 
President of the Senate and have a casting vote in case of a tie. 

Whenever the Chair of the Governor shall be vacant by reason of 
his death, absence from the state, or otherwise, the Lieu 4 Gov r . shall, 
during such vacancy, have and exercise all the powers and authorities 
which by this Constitution the Gov r . is vested with, when personally 
present. 


COUNCIL. 

There shall be annually elected by ballot five Councillors for advising 
the Gov r . in the Executive part of Government. 

The freeholders and other inhabitants in each County, qualified to 
vote for senators, shall some time in the month of March, give in their 
votes for one Councillor; and the number of votes for Councillors shall 
be returned to the Secretary of the State in like manner as the votes 
for Governor, and the Secretary and Treasurer of the State shall, un¬ 
till the Legislature shall appoint other persons for that purpose, sort 
and count the votes, make a record thereof, and certify the choice; 
which record, and the returns from the several Towns, parishes and 
places, shall be deposited in the Secretary’s office;—and the person 
having a majority of votes in any County, shall be considered as duly 
elected a Councillor; but if no person shall have a majority of votes in 
any County, the Senate & House of Representatives shall take the 
names of the two persons who have the highest number of votes in 
each County, and not elected, and out of them two, shall elect by joint 
ballots, the Councillor wanting for such County : Provided nevertheless , 
That no person shall be capable of being elected a Councillor, who has 
not an estate of the value of five hundred pounds within this State, 
three hundred pounds of which or more shall be a freehold in his own 
right; and who is not thirty years of age, and who shall not have been 
an inhabitant of this State for seven years immediately preceding his 
election; and at the time of his election an inhabitant of the County 
in which he is elected. 

The Secretary shall annually, seventeen days before the third 
Wednesday of September, give notice of the choice to the person elect¬ 
ed. 

If any Councillor shall be elected Governor or Lieu 4 Gov r . or mem¬ 
ber of either branch of the Legislature, and shall accept the trust; or 
if any person elected as a Councillor shall refuse to accept the office, or 
in case of the death, resignation, or removal of any Councillor out of 
the State; the Gov r . may issue a precept for the election of a new 



JOURNAL OF CONVENTION. 



Councillor in that County where such vacancies shall happen;—and 
the choice shall be in the same manner before described. 

If any new County shall hereafter be made in this State, a Councillor 
shall be chosen therein in the same manner as before directed. 


COUNTY TREASURERS. 

Provided nevertheless , the Legislature shall have authority to alter 
the mode of electing these officers, but not so as to deprive the people 
of the right [they] now have of electing them; and also to divide the 
several Counties into as many Districts for registering of Deeds, as 
to them shall appear necessary;—and the inhabitants of each District 
to elect a Register. 


JUDICIAL POWER. 

The Judicial Power of the State shall be vested in a Supreme Court 
of Judicature, except as is hereafter provided:—This Court shall con¬ 
sist of one Chief Justice & not more than nine nor less than six asso¬ 
ciates Justices. The Supreme Judicial Court shall be, and they hereby 
are fully authorized & impowered to grant new trials and restorations 
to law in all cases where it shall to them appear reasonable. 

The power of hearing & determining causes in Equity, shall, by the 
Legislature, be vested in the Supreme Judicial Court;—which power 
shall be limited & defined by law; and no suit in Equity shall be sus¬ 
tained, where adequate justice may be had in the Courts of Law. 

There shall be a Court erected in each County, to be called the Coun¬ 
ty Court , to consist of one Chief Justice and not more than six, nor 
less than four Associate Justices, who shall have all the jurisdiction, 
civil & criminal, and all the powers and authorities that now appertain 
to the Courts of General Sessions of the peace; and such other mat¬ 
ters as the Legislature may constitutionally assign them—the trying 
of civil suits excepted: and except the raising County taxes;—which 
taxes shall be granted by the Representatives of each County in such 
manner as the Legislature shall direct: Provided nevertheless , That 
the Legislature shall have authority to make such other regulations 
by Law, as shall be necessary for the appropriation of county taxes. 

Appeals shall be granted from s d County Court to the Supreme Judi¬ 
cial Court, as they are now allowed from the Court of General Sessions 
of the peace to the Superior Court; or in such cases & manner as the 
Legislature may by Law establish. 

Justices of the peace shall have the power of hearing and determin¬ 
ing all actions wherein the damage demanded does not exceed four 
pounds, except those wherein the title to things real may be drawn in 
question ;—an appeal being allowed in civil actions to the Supreme Ju¬ 
dicial Court, and in criminal matters, to the County Courts, in such 
cases and manner as the Legislature shall by Law establish. 

No person shall hold the office of Judge of any Court, or sheriff of 
any County, after he has arrived at the age of 65 years. 




7 o 


STATE OF NEW HAMPSHIRE. 


No Judge of any Court or Justice of the peace shall act as attorney 
or be of counsel to any party, or originate any civil suit in matters that 
shall come before him as judge or justice of the peace. 

No Judge or Register of Probate of Wills &c. shall be of counsel, 
act as advocate, or receive any fees as advocate or counsellor in any 
Probate business that is pending or that may be brought into any Court 
of Probate in the County of which he is judge or register. 


OATH. 

I, A. B., do solemnly swear that I will bear faith and true allegi¬ 
ance to the State of New Hampshire, and will support the Constitution 
thereof:— So help me God. 

Any person having taken & subscribed the oath of allegiance, and 
the same being filed in the Secretary’s office, he shall not be obliged 
to take said oath again. 


No new Town or parish shall be formed in whole or in part, out of 
any town or parish, without the consent of a major part of the quali¬ 
fied voters of such town or parish out of which they are so formed, vot¬ 
ing upon the question at a legal meeting for that purpose. 


The Legislature, whenever two thirds of both Houses shall deem it 
necessary, shall propose amendments, or on the application of a major¬ 
ity of the incorporated towns and parishes within this State, shall call 
a Convention for preparing amendments, which in either case shall be 
valid to all intents and purposes as part of this Constitution, when ap¬ 
proved of by a majority of qualified voters present and voting in town 
meetings on the question. 


The Secretary of the State shall at all times have a Deputy, to be by 
him appointed, for whose conduct in office he shall be responsible :— 
and in case of the death, removal, or inability of the Secretary, his 
deputy shall have & exercise all the duties of the office of Secretary 
untill another shall be appointed. 

The Secretary before he enters upon the business of his office, shall 
give bond, with sufficient sureties in a reasonable sum, for the use of 
the State, for the punctual performance of his trust, as the Legislature 
shall direct. 


To the end that there may be no failure of justice or danger to this 
State by the alterations & amendments made in the Constitution, the 
General Court is hereby fully authorized and directed to fix the time 
when the amendments and alterations shall take effect, and make the 
necessary arrangements accordingly. 


All Judges of Courts and other civil officers whose appointment 
is vested in the Gov r & Council, (Justices of the peace & Coroners 








JOURNAL OF CONVENTION. 


7 1 


excepted) shall be appointed and commissioned within one year after 
adopting the amendments to the Constitution; and the Commissions 
of all such officers, who have been heretofore appointed by the Presi¬ 
dent and Council, shall thereupon determine and become void. 

N. B. Some small alterations not herein mentioned, are in the In¬ 
corporation. 


II. \_The Constitution as reported by the committee , Febr7iary 9 , 1792 , 
with the foregohig alterations and amend?nents incorporated. —Ed.] 

THE CONSTITUTION OF NEW HAMPSHIRE. 


PART I. 


THE BILL OF RIGHTS. 


Article I st . 

All men are born equally free and independent: Therefore, all gov¬ 
ernment, of right, originates from the people, is founded in consent, and 
instituted for the general good. 

2 . 

All men have certain natural, essential, and inherent rights—among 
which are, the enjoying and defending life and liberty; acquiring, pos¬ 
sessing, and protecting property; and, in a word, of seeking and ob¬ 
taining happiness. 

3 - 

When men enter into a state of society, they surrender up some of 
their natural rights to that society, in order to ensure the protection of 
others ; and, without such an equivalent, the surrender is void. 

4 * 

Among the natural rights, some are, in their very nature, unaliena¬ 
ble, because no equivalent can be given or received for them. Of this 
kind are the Rights of Conscience. 

5 * 

Every individual, has a natural and unalienable right to worship God 
according to the dictates of his own conscience and reason; and no 
subject shall be hurt, molested, or restrained, in his person, liberty, or 
estate, for worshipping God in the manner and season most agreeable 
to the dictates of his own conscience, or for his religious profession, 
sentiments, or persuasion; provided he doth not disturb the public 
peace, or disturb others in their religious worship. 

6 . 

As morality and piety, rightly grounded on evangelical principles, 
will give the best and greatest security to government, and will lay, in 






72 


STATE OF NEW HAMPSHIRE. 


the hearts of men, the strongest obligations to due subjection; and as 
the knowledge of these is most likely to be propagated through a so¬ 
ciety, by the institution of the public worship of the Deity, and of pub¬ 
lic instruction in morality and religion; therefore, to promote those 
important purposes, the people of this State have a right to empower, 
and do hereby fully empower, the Legislature, to authorize, from time 
to time, the several towns, parishes, bodies corporate, or religious so¬ 
cieties, within this State, to make adequate provision, at their own ex¬ 
pense, for the support and maintenance of public protestant teachers of 
piety, religion, and morality : 

P?‘ovided notwithstanding , That the several towns, parishes, bodies 
corporate, or religious societies, shall, at all times, have the exclusive 
right of electing their own public teachers, and of contracting with 
them for their support and maintenance. And no person, of any one 
particular religious sect or denomination, shall ever be compelled to 
pay towards the support of the teacher or teachers of another persua¬ 
sion, sect, or denomination. 

And every denomination of Christians, demeaning themselves quiet¬ 
ly, and as good subjects of the State, shall be equally under the protec¬ 
tion of the law: And no subordination of any one sect or denomina¬ 
tion to another, shall ever be established by law. 

And nothing herein shall be understood to affect any former contracts 
made for the support of the ministry; but all such contracts shall re¬ 
main, and be in the same state as if this Constitution had not been 
made. 

7 * 

The people of this State have the sole and exclusive right of govern¬ 
ing themselves as a free, sovereign, and independent State; and do, 
and forever hereafter shall, exercise and enjoy every power, jurisdiction, 
and right, pertaining thereto, which is not, or may not hereafter be, by 
them expressly delegated to the United States of America in Congress 
assembled. 

8 . 

All power residing originally in, and being derived from, the people, 
all the magistrates and officers of government are their substitutes and 
agents, and at all times accountable to them. 

9 - 

No office or place whatsoever, in government, shall be hereditary— 
the abilities and integrity requisite in all, not being transmissible to 
posterity or relations. 

10. 

Government being instituted for the common benefit, protection, and 
security of the whole community, and not for the private interest or 
emolument of any one man, family, or class of men; therefore, when¬ 
ever the ends of government are perverted, and public liberty manifest¬ 
ly endangered, and all other means of redress are ineffectual, the peo¬ 
ple may, and of right ought to, reform the old, or establish a new 
government. The doctrine of nonresistance against arbitrary power 
and oppression, is absurd, slavish, and destructive of the good and 
happiness of mankind. 

11. 

All elections ought to be free, and every inhabitant of the State, 


JOURNAL OF CONVENTION. 73 

having the proper qualifications, has equal right to elect, and be elect- 
e d, into office. 

12. 

Every member of the community has a right to be protected by it, 
in the enjoyment of his life, liberty, and property; he is therefore 
bound to contribute his share in the expense of such protection, and 
to yield his personal service when necessary, or an equivalent. But no 
part of a man’s property shall be taken from him, or applied to public 
uses, without his own consent, or that of the representative body of 
the people. Nor are the inhabitants of this State controlable by any 
other laws than those to which they, or their representative body, have 
given their consent. 

13 - 

No person, who is conscientiously scrupulous about the lawfulness of 
bearing arms, shall be compelled thereto, provided he will pay an 
equivalent. 

14. 

Every subject of this State is entitled to a certain remedy, by having 
recourse to the laws, for all injuries he may receive in his person, prop¬ 
erty, or character; to obtain right and justice freely, without being 
obliged to purchase it; completely, and without any denial; promptly, 
and without any delay; conformably to the laws. 

15 - 

No subject shall be held to answer for any crime, or offence, until 
the same is fully and plainly, substantially and formally, described to 
him ; or be compelled to accuse or furnish evidence against himself. 
And every subject shall have a right to produce all proofs that may be 
favorable to himself; to meet the witnesses against him, face to face; 
and to be fully heard in his defence, by himself, and counsel. And no 
subject shall be arrested, imprisoned, despoiled, or deprived of his 
property, immunities, or privileges, put out of the protection of the law, 
exiled or deprived of his life, liberty, or estate, but by the judgment 
of his peers, or the law of the land. 

16. 

No subject shall be liable to be tried, after an acquittal, for the same 
crime or offence. Nor shall the Legislature make any law that shall 
subject any person to a capital punishment, (excepting for the govern¬ 
ment of the army and navy, and the militia in actual service), without 
trial by Jury. 

17 - 

In criminal prosecutions, the trial of facts, in the vicinity where they 
happen, is so essential to the security of the life, liberty, and estate of 
the citizen, that no crime or offence ought to be tried in any other coun¬ 
ty than that in which it is committed ; except in cases of general insur¬ 
rection in any particular county, when it shall appear to the Judges of 
the Superior Court, that an impartial trial cannot be had in the county 
where the offence may be committed, and upon their report, the Legis¬ 
lature shall think proper to direct the trial in the nearest county in 
which an impartial trial can be obtained. 

18. 

All penalties ought to be proportioned to the nature of the offence. 


74 


STATE OF NEW HAMPSHIRE. 


No wise Legislature will affix the same punishment to the crimes of 
theft, forgery, and the like, which they do to those of murder and trea¬ 
son : Where the same undistinguishing severity is exerted against all 
offences, the people are led to forget the real distinction in the crimes 
themselves, and to commit the most flagrant with as little compunction 
as they do those of the lightest die. For the same reason a multitude 
of sanguinary laws is both impolitic and unjust. The true design of all 
punishments being to reform, not to exterminate, mankind. 

19 - 

Eve ry citizen hath a right to be secure from all unreasonable search¬ 
es and seizures of his person, his houses, his papers, and all his pos¬ 
sessions. Therefore, all warrants to search suspected places, or arrest 
a person for examination or trial, in prosecutions for criminal matters, 
are contrary to this right, if the cause or foundation of them be not 
previously supported by oath or affirmation; and if the order, in a war¬ 
rant to a civil officer, to make search in suspected places, or to arrest 
one or more suspected persons, or to seize their property, be not accom¬ 
panied with a special designation of the persons or objects of search, 
arrest, or seizure; and no warrants ought to be issued, but in cases, 
and with the formalities, prescribed by law. 


20. 

In all controversies concerning property, and in all suits between two 
or more persons, except in cases in which it has been heretofore other¬ 
wise used and practised, the parties have a right to a trial by Jury ; and 
this method of procedure shall be held sacred, unless in causes arising 
on the high seas and such as relate to mariners 1 wages, and also in ac¬ 
tions where the sum demanded in damages shall not exceed twenty 
shillings; the Legislature shall think it necessary hereafter to alter it. 


21 . 

In order to reap the fullest advantage of the inestimable privilege of 
the trial by Jury, great care ought to be taken, that none but qualified 
persons should be appointed to serve; and such ought to be fully com¬ 
pensated for their travel, time, and attendance. 

22 . 


The LIBERTY OF THE PRESS is essential to the security of Free¬ 
dom in a State : It ought, therefore, to be inviolably preserved. 

23 . 

Retrospective laws are highly injurious, oppressive, and unjust. No 
such laws, therefore, should be made, either for the decision of civil 
causes, or the punishment of offences. 

24. 

A well regulated militia is the proper, natural, and sure defence of a 
State. 


25 - 

Standing armies are dangerous to liberty, and ought not to be raised, 
or kept up, without the consent of the Legislature. 

26. 

In all cases, and at all times, the military ought to be under strict 
subordination to, and governed by, the civil power. 


JOURNAL OF CONVENTION. 


7 5 


27 - 

No soldier, in time of peace, shall be quartered in any house, without 
the consent of the owner; and in time of war, such quarters ought not 
to be made but by the civil magistrate, in a manner ordained by the 
Legislature. 

28. 

.No subsidy, charge, tax, impost, or duty, shall be established, fixed, 
laid, or levied, under any pretext whatsoever, without the consent of 
the people, or their Representatives in the Legislature, or authority de¬ 
rived from that body. 

29. 

The power of suspending the laws, or the execution of them, ought 
never to be exercised but by the Legislature, or by authority derived 
therefrom, to be exercised in such particular cases only as the Legisla¬ 
ture shall expressly provide for. 

30 - 

The freedom of deliberation, speech, and debate, in either House of 
the Legislature, is so essential to the rights of the people, that it cannot 
be the foundation of any action, complaint, or prosecution, in any other 
Court or place whatsoever. 

31- 

The Legislature ought frequently to assemble for the redress of griev¬ 
ances, for correcting, strengthening, and confirming the laws, and for 
making new ones as the common good may require. 

32 . 

The people have a right, in an orderly and peaceable manner, to as¬ 
semble and consult upon the common good, give instructions to their 
Representatives, and to request of the legislative body, by way of peti¬ 
tion or remonstrance, redress of the wrongs done them, and of the 
grievances they suffer. 

33 - 

No Magistrate, or Court of Law, shall demand excessive bail or sure¬ 
ties, impose excessive fines, or inflict cruel or unusual punishments. 

34 - 

No person can, in any case, be subjected to law-martial, or to any 
pains or penalties by virtue of that law, except those employed in the 
army or navy, and except the militia in actual service, but by authority 
of the Legislature. 

35 - 

It is essential to the preservation of the rights of every individual, his 
life, liberty, property, and character, that there be an impartial inter¬ 
pretation of the law§, and administration of justice. It is the right.of 
every citizen to be tried by judges as impartial as the lot of humanity 
will admit. It is therefore not only the best policy, but for the security 
of the rights of the people, that the Judges of the Supreme (or Superior) 
Judicial Court should hold their offices so long as they behave well .; and 
that they should have honorable salaries, ascertained and established 
by standing laws. 

36 . 

(Economy being a most essential virtue in all States, especially in a 
young one ; no pension shall be granted, but in consideration of actual 


76 


STATE OF NEW HAMPSHIRE. 


services; and such pensions ought to be granted with great caution, by 
the Legislature, and never for more than one year at a time. 

37 - 

In the government of this State, the three essential powers thereof, 
to wit, the Legislative, Executive, and Judicial, ought to be kept as 
separate from, and independent of, each other, as the nature of a free 
government will admit, or as is consistent with that chain of connection 
that binds the whole fabric of the Constitution in one indissoluble bond 
of union and amity. 

38 . 

A frequent recurrence to the fundamental principles of the Constitu¬ 
tion, and a constant adherence to justice, moderation, temperance, in¬ 
dustry, frugality, and all the social virtues, are indispensably necessary 
to preserve the blessings of liberty and good government; the people 
ought, therefore, to have a particular regard to all those principles in 
the choice of their officers and Representatives: And they have a right 
to require of their law-givers and magistrates, an exact and constant ob¬ 
servance of them, in the formation and execution of the laws necessary 
for the good administration of government. 

39 - 

Beasts of the plough, not exceeding a yoke of oxen, or a horse, in¬ 
struments of husbandry, & the necessary tools of a man’s trade, shall 
not be liable to be distrained, attached, or taken on execution for debt, 
unless by the person who furnished them. 


PART 11. 


THE FORM OF GOVERNMENT. 


The people inhabiting the territory of the State of New Hampshire, 
do hereby solemnly and mutually agree with each other, to form them¬ 
selves into a free, sovereign, and independent Body Politic, or State, 
by the name of the State of New Hampshire. 


THE GENERAL COURT. 

The Supreme Legislative Power, within this State, shall be vested in 
the Senate and House of Representatives, each of which shall have a 
negative on the other. 

The Senate and House of Representatives shall assemble every year 
on the third Wednesday of September, and at such other times as they 
may judge necessary; and shall dissolve, and be dissolved, seven days 
next preceding the said third Wednesday of September; and shall be 
stiled THE GENERAL COURT OF NEW HAMPSHIRE. 

The General Court shall forever have full power and authority to erect 
and constitute Judicatories and Courts of Record, or other Courts, not 
repugnant or contrary to this Constitution, to be holden in the name of 
the State, for the hearing, trying, and determining all manner of 






JOURNAL OF CONVENTION. 


77 


crimes, offences, pleas, processes, plaints, actions, causes, matters and 
things whatsoever, arising or happening within this State, or between 
or concerning persons inhabiting or residing, or brought within, the 
same, whether the same be criminal or civil, or whether the crimes be 
capital, or not capital, and whether the said pleas be real, personal, or 
mixed; and for the awarding and issuing execution thereon. To 
which Courts and Judicatories, are hereby given and granted, full power 
and authority, from time to time, to administer oaths or affirmations, 
for the better discovery of truth in any matter in controversy, or de¬ 
pending before them. 

And further, full power and authority are hereby given and granted 
to the said General Court, from time to time, to make, ordain, and es¬ 
tablish all manner of wholesome and reasonable orders, laws, statutes, 
ordinances, directions, and instructions, either with penalties, or 
without, so as the same be not repugnant or contrary to this 
Constitution, as they may judge for the benefit and welfare of this 
State, and for the governing and ordering thereof, and of the subjects 
of the same, for the necessary support and defence of the government 
thereof; and to name and settle annually, or provide by fixed laws for 
the naming and settling, all civil officers within this State ; such officers 
excepted, the election and appointment of whom are hereafter in this 
form of government otherwise provided for ; and to set forth the several 
duties, powers, and limits, of the several civil and military officers of 
this State, and the forms of such oaths or affirmations as shall be re¬ 
spectively administered unto them, for the execution of their several 
offices and places, so as the same be not repugnant or contrary to this 
Constitution; and also to impose fines, mulcts, imprisonments, and 
other punishments ; and to impose and levy proportional and reasona¬ 
ble assessments, rates, and taxes, upon all the inhabitants of, and resi¬ 
dents within, the said State ; and upon all estates within the same; to 
be issued and disposed of by warrant, under the hand of the Governor 
of this State for the time being, with the advice and consent of the 
Council, for the public service, in the necessary defence and support of 
the government of this State, and the protection and preservation of 
the citizens thereof, according to such acts as are, or shall be, in force 
within the same. 

Every bill which shall have passed both Houses, shall, before it be¬ 
come a law, be presented to the Governor: if he approve he shall sign 
it, but if not, he shall return it with his objections to that House in 
which it shall have originated, who shall enter the objections at large 
in their Journal, and proceed to reconsider it. If after such reconsid¬ 
eration, four sevenths of that House shall agree to pass the bill, it shall 
be sent together with such objections to the other house, by which it 
shall likewise be reconsidered, and if approved by a majority of that 
House, it shall become a law. But in all such cases, the votes of both 
Houses shall be determined by yeas & nays; & the names of the per¬ 
sons voting for or against the bill, shall be entered on the Journal of 
each House respectively. If any bill shall not be returned by the Gov¬ 
ernor within five days (Sundays excepted) after it shall have been pre¬ 
sented to him, the same shall be a law, in like manner as if he had 
signed it, unless the Legislature by their adjournment prevent its re¬ 
turn, in which case it shall not be a law. 

Every Resolve shall be presented to the Governor, & before the same 
shall take effect, shall be approved by him, or being disapproved by 





78 


STATE OF NEW HAMPSHIRE. 


him, shall be repassed by the Senate & House of Representatives, ac¬ 
cording to the rules & limitations prescribed in the case of a bill. 

No member of the General Court shall take fees, be of counsel, or 
act as advocate, in any cause before either branch of the Legislature; 
and upon due proof thereof, such member shall forfeit his seat in the 
Legislature. 

All persons who behave decently shall have liberty of admission, to 
hear the debates & proceedings of both Houses of the Legislature, ex¬ 
cept when the welfare of the State shall require secrecy. 

While the public charges of government, or any part thereof, shall be 
assessed on polls and estates in the manner that has heretofore been 
practised ; and in order that such assessments may be made with equal¬ 
ity, there shall be a valuation of the estates within the State taken anew 
once in every five years at least, and as much oftener as the General 
Court shall order. 


SENATE. 

THE Senate shall consist of twelve members, who shall hold their 
office for two years from the third Wednesday of September next ensu¬ 
ing their election. 

And that the State may be equally represented in the Senate, the 
Legislature shall, from time to time, divide the State into twelve dis¬ 
tricts, as nearly equal as may be without dividing towns and unincor¬ 
porated places; and in making this division, they shall govern them¬ 
selves by the proportion of public taxes paid by the said districts, and 
timely make known to the inhabitants of the State the limits of each 
district. 

The freeholders and other inhabitants of each district, qualified as 
in this Constitution is provided, shall biennially give in their votes for 
a Senator, at some meeting holden in the Month of March. 

The Senate shall be the first branch of the Legislature ; and the Sen¬ 
ators shall be chosen in the following manner, viz. Every male inhabit¬ 
ant of each town, and parish with town privileges, and places unincor¬ 
porated, in this State, of twenty-one years of age and upwards, paying 
for himself, or liable to pay a poll tax, or the amount thereof, shall have 
a right, at the annual or other meetings of the inhabitants of said towns, 
parishes and places, to be duly warned and holden every second year 
forever in the month of March, to vote for a Senator in the district 
whereof he is a member. 

And every person qualified as the Constitution provides, shall be con¬ 
sidered an inhabitant for the purpose of electing & being elected into 
any office or place within this State, in that town, parish & plantation 
where he dwelleth & hath his home. 

The Legislature when they divide the State into districts, & as often 
as they shall think necessary, shall appoint some suitable persons as 
counters, in each district, who shall meet on the Thursday next follow¬ 
ing the second Wednesday of April every year in which there is meet¬ 
ings held in the district for the election of a Senator; and the General 
Court shall appoint the place of their meeting, and it shall be the duty 
of said counters untill others are appointed in their room, to receive, 
examine and count the votes for Senators & make a proper record there¬ 
of, certify the choice, and seasonably deposit the returns from the sev- 



JOURNAL OF CONVENTION. 


79 


eral towns, parishes & places, & the record of their proceedings in the 
Secretary’s office. 

The meetings for the choice of Senators, & all governmental officers, 
shall be warned by warrant from the selectmen, & governed by a Mod¬ 
erator, who shall preside at such meetings impartially, & receive the 
votes of all the inhabitants of such towns, & parishes present & quali¬ 
fied to vote for Senators, & shall sort & count the same in the meeting 
& in presence of the town clerk, who shall make a fair record in open 
meeting, of the name of every person voted for, & the number of votes 
against his name, & a fair copy of this record shall be attested by the 
Town Clerk, & shall be sealed up & directed to the counters of the Dis¬ 
trict with a superscription expressing the purport thereof, & delivered 
by said Clerk to the counters of the District in which such town or 
parish is, on or before the second Wednesday of April next following 
such town meeting. 

Provided nevertheless , That no person shall be capable of being 
elected a Senator, who is not seized of a freehold estate, in his own 
right, of the value of two hundred pounds, lying within this State, who 
is not of the age of thirty years, and who shall not have been an in¬ 
habitant of this State for seven years immediately preceding his elec¬ 
tion, and at the time thereof he shall be an inhabitant of the district 
for which he shall be chosen. 

And the inhabitants of plantations and places unincorporated, quali¬ 
fied as this Constitution provides, who are or shall be required to assess 
taxes upon themselves towards the support of government, or shall be 
taxed therefor, shall have the same privilege of voting for Senators, in 
the plantations and places wherein they reside, as the inhabitants of the 
respective towns and parishes aforesaid have. And the meetings of 
such plantations and places for that purpose, shall be holden every sec¬ 
ond year in the month of March, at such places respectively therein as 
the assessors thereof shall direct; which assessors shall have like au¬ 
thority for notifying the electors, collecting and returning the votes, as 
the Selectmen and Town Clerks have in their several towns by this 
Constitution. 

In case there shall not appear by the returns to the counters to be a 
Senator elected by a majority of votes for any district, the counters of 
that district shall take the names of the two persons who shall have the 
highest number of votes, & the number of votes that each of them 
shall have, & certify & deliver the same to the Selectmen of each town 
and parish, & the assessors of unincorporated places in such District, 
within eight days after the counting thereof; and it shall be the duty of 
said Selectmen and assessors respectively to warn a meeting of the in¬ 
habitants qualified to vote for Senators, to be held within fifteen days 
after the expiration of said eight days, giving at least twelve days notice, 
to elect one person out of the two returned as aforesaid to be Senator 
for the District. And the several town clerks & assessors in said Dis¬ 
trict shall, within eight days after the expiration of said fifteen days, 
return a fair attested copy of the record of the number of votes in the 
towns, parishes & places in the District, to the counters of said District; 
and the counters shall, on the ninth or tenth day after the expiration of 
said fifteen days, meet & as soon as may be, sort & count the votes, de¬ 
clare the choice & notify the person elected. 

And in case it shall so happen, that two or more persons, having the 
highest number of votes, shall have an equal number, the counters shall, 


So 


STATE OF NEW HAMPSHIRE. 


by lot determine which of them shall be sent to the people. And if it 
should so happen, that from the returns from the meetings held to corn- 
pleat the elections, that the two persons voted for should have an equal 
number of votes, the counters shall by lot determine which of them shall 
be Senator for such District & notify him accordingly. 

All intermediate vacancies that may happen in the Senate, shall, from 
time to time be filled up in the same manner as the first elections are 
directed to be made; the Governor appointing the time for holding the 
meetings for that purpose. 

The Senate shall be final judges of the elections, returns, and qualifi¬ 
cations, of their own members, as pointed out in this Constitution. 

The Senate shall have power to adjourn themselves, provided such 
adjournment do not exceed two days at a time. 

Provided nevertheless , That whenever they shall sit on the trial of 
any impeachment, they may adjourn to such time and place as they may 
think proper, although the Legislature be not assembled on such day, 
or at such place. 

The Senate shall appoint their own officers, and determine their own 
rules of proceedings: And not less than seven members of the Senate 
shall make a quorum for doing business; and when less than eight Sen¬ 
ators shall be present, the assent of five, at least, shall be necessary, to 
render their acts and proceedings valid. 

The Senate shall be a Court, with full power and authority to hear 
and determine all impeachments made by the House of Representatives 
against any officer or officers of the State, for mis-conduct or mal ad¬ 
ministration, in their offices. But previous to the trial of any such im¬ 
peachment, the members of the Senate shall respectively be sworn truly 
and impartially to try and determine the charge in question, according 
to evidence. Their judgment, however, shall not extend further than 
removal from office, disqualification to hold or enjoy any place of hon¬ 
or, trust, or profit, under this State ; but the party, so convicted, shall 
nevertheless be liable to indictment, trial, judgment, and punishment, 
according to the laws of the land. 

Every officer whilst under an impeachment, shall be suspended from 
the exercise of the duties of his office; but the trial shall be as speedy 
as the nature of the case will admit. 


HOUSE OF REPRESENTATIVES. 

THERE shall be, in the Legislature of this State, a representation of 
the people, annually elected, and founded upon principles of equality: 
And, in order that such representation may be as equal as circumstances 
will admit, every town, parish, or place entitled to town privileges, hav¬ 
ing one hundred and fifty rateable male polls, of twenty-one years of age, 
and upwards, may elect one Representative; if four hundred and fifty 
rateable polls, may elect two Representatives; and so proceeding, in 
that proportion, making three hundred such rateable polls the mean 
increasing number, for every such additional Representative. 

Provided , nevertheless , That whenever the number of members of 
the House of Representatives shall exceed one hundred and ten, it 
shall be the duty of the Legislature to make such arrangements as that 
the members shall not at any time exceed that number; nor shall the 



JOURNAL OF CONVENTION. 


8 1 


towns & districts intitled to send Representatives at any time be less 
than eighty. 

Such towns, parishes, or places, as have less than one hundred and 
fifty rateable polls, shall be classed by the General Court, for the pur¬ 
pose of chusing a Representative, and seasonably notified thereof. 
And in every class, formed for the above-mentioned purpose, the first 
annual meeting shall be held in the town, parish, or place, wherein most 
of the rateable polls reside ; and afterwards in that which has the next 
highest number; and so on annually, by rotation, through the several 
towns, parishes, or places, forming the district. 

Whenever any town, parish, or place, intitled to town privileges, as 
aforesaid, shall not have one hundred and fifty rateable polls, and be so 
situated as to render the classing thereof with any other town, parish, 
or place, very inconvenient, the Legislature may, upon application of a 
majority of the voters in such town, parish, or place, issue a writ for 
their electing and sending a Representative to the General Court. 

The members of the House of Representatives shall be chosen annu¬ 
ally, in the month of March, and shall be the second branch in the 
Legislature. 

All persons, qualified to vote in the election of Senators, shall be en¬ 
titled to vote, within the town, district, parish, or place where they dwell, 
in the choice of Representatives. Every member of the House of Rep¬ 
resentatives shall be chosen by ballot; and for two years, at least, next 
preceding his election, shall have been an inhabitant of this State; 
shall have an estate within the district which he may be chosen to rep¬ 
resent, of the value of one hundred pounds, one half of which to be a 
freehold, whereof he is seized in his own right; shall be, at the time of 
his election, an inhabitant of the district he may be chosen to repre¬ 
sent ; and shall cease to represent such district immediately on his 
ceasing to be qualified as aforesaid. 

The members of both Houses of the Legislature shall be compensat¬ 
ed for their services out of the treasury of the State, by a law made 
for that purpose; such members attending seasonably, and not depart¬ 
ing without licence. All vacancies, in the House of Representatives, 
may be filled up, at any time in the year as occasion may require. 

The House of Representatives shall be the Grand Inquest of the 
State ; and all impeachments made by them, shall be heard and tried 
by the Senate. 

All money bills shall originate in the House of Representatives ; but 
the Senate may propose, or concur with, amendments, as on other bills. 

The House of Representatives shall have power to adjourn them¬ 
selves, but no longer than two days at a time. 

A majority of the members of the House of Representatives shall be 
a quorum for doing business: But when less than two thirds of the 
Representatives elected shall be present, the assent of two thirds of 
those members shall be necessary to render their acts and proceedings 
valid. 

No member of the House of Representatives, or Senate, shall be ar¬ 
rested, or held to bail, on mean process, during his going to, returning 
from, or attendance upon, the Court. 

The House of Representatives shall be judges of the returns, elections 
& qualifications of its members, as pointed out in this constitution 5 
choose their own Speaker, appoint their own officers & settle the rules 

6 





82 


STATE OF NEW HAMPSHIRE. 


of proceedings in their own house. They shall have authority to punish, 
by imprisonment, every person who shall be guilty of disrespect to the 
House, in its presence, by any disorderly and contemptuous behavior, 
or by threatening, or ill treating, any of its members ; or by obstruct¬ 
ing its deliberations ; every person guilty of a breach of its privileges, 
in making arrests for debt, or by assaulting any member during his at¬ 
tendance at any session; in assaulting or disturbing any one of its offi¬ 
cers in the execution of any order or procedure of the House ; in as¬ 
saulting any witness, or other person, ordered to attend, by and during 
his attendance of the House ; or in rescuing any person arrested by 
order of the House, knowing them to be such. The Governor, Senate, 
and Council, shall have the same powers in like cases: provided, that 
no imprisonment by either, for any offence, exceed ten days. 

The journals of the proceedings of both Houses of the General Court, 
shall be printed and published immediately after every adjournment or 
prorogation; and shall contain all Acts & Resolves, & also votes for 
raising, granting & appropriating public monies ; and upon motion made 
by any one member, the yeas and nays, upon any question, shall be 
taken & entered upon the journals : And any member of the Senate, or 
House of Representatives, or Council, shall have a right, on motion 
made at the time for that purpose, to have his protest, or dissent, with 
the reasons, against any vote, resolve, or bill, passed, entered on the 
journals. 


EXECUTIVE POWER. 

GOVERNOR. 

There shall be a Supreme Executive Magistrate, who shall be stiled 
The Governor of the State of New Hampshire ; and whose title shall 
be His Excellency. 

The Governor shall be chosen annually, and no person shall be eligi¬ 
ble to this office, unless at the time of his election, he shall have been 
an inhabitant of this State for seven years next preceding; & unless he 
shall be of the age of thirty years; & unless he shall at the same time 
have an estate of the value of five hundred pounds, one half of which 
shall consist of a freehold, in his own right, within the State. 

Those persons qualified to vote for Senators and Representatives, 
shall, within the several towns, parishes or places where they dwell, at 
a meeting to be called for that purpose, some day in the month of 
March annually, give in their votes for a Governor, to the Moderator 
who shall preside at such meeting; & the Clerk in the presence & with 
the assistance of the moderator shall, in open meeting, sort & count 
the votes, and form a list of the persons voted for, with the number of 
votes for each person against his name, & shall make a fair record of 
the same in the town books, Sc a public declaration thereof in the said 
meeting; and shall, in the presence of said inhabitants seal up a copy 
of said list attested by him, Sc transmit the same to the Sheriff of the 
County, thirty days at least before the third Wednesday of September, 
or shall cause returns of the same to be made to the office of the Sec¬ 
retary of the State, seventeen days at least before said day, who shall 
lay the same before the Senate Sc House of Representatives on the 
third Wednesday of September, to be by them examined: And in case 



JOURNAL OF CONVENTION. 


33 


of an election by a majority of votes through the State, the choice shall 
be by them declared & published; but if no person shall have a major¬ 
ity ot votes, the House of Representatives shall, by ballot, elect two 
out of four persons who had the highest number of votes, if so many 
shall have been voted for; but if otherwise, out of the number voted 
for, & make return to the Senate of the two persons so elected;—on 
which the Senate shall proceed by ballot to elect one of them who shall 
be declared Governor. 

The Governor with advice of Council, shall have full power & author¬ 
ity in the recess of the General Court, to prorogue the same from time 
to time, not exceeding ninety days in any one recess of said Court; 
and during the session of said Court to adjourn or prorogue it to any 
time the two houses may desire, & to call it together sooner than the 
time to which it may be adjourned or prorogued, if the welfare of the 
State may require the same. 

In cases of disagreement between the two Houses, with regard to 
the time of adjournment or prorogation, the Governor, with advice of 
Council, shall have a right to adjourn or prorogue the General Court, 
not exceeding ninety days at any one time, as he may determine the 
public good may require, and he shall dissolve the same seven days be¬ 
fore the said third Wednesday of September. 

And, in case of any infectious distemper prevailing in the place 
where the said Court at any time is to convene, or any other cause, 
whereby dangers may arise to the health or lives of the members from 
their attendance, the Governor may direct the session to be holden at 
some other the most convenient place within the State. 

The Governor of this State for the time being shall be commander in 
chief of the army and navy, and all the military forces of the State, by 
sea and land ; and shall have full power by himself, or by any chief com¬ 
mander, or other officer, or officers, from time to time, to train, instruct, 
exercise and govern the militia and navy ; and for the special defence and 
safety of this State, to assemble in martial array, and put in warlike 
posture, the inhabitants thereof, and to lead and conduct them, and 
with them to encounter, expulse, repel, resist and pursue by force of 
arms, as well by sea as by land, within and without the limits of this 
State ; and also to kill, slay, destroy, if necessary, and conquer by all 
fitting ways, enterprize and means, all and every such person and per¬ 
sons as shall, at any time hereafter, in a hostile manner, attempt or en¬ 
terprize the destruction, invasion, detriment or annoyance of this State ; 
and to use and exercise over the army and navy, and over the militia in 
actual service, the law-martial in time of war, invasion, and also in re¬ 
bellion, declared by the Legislature to exist, as occasion shall necessa¬ 
rily require : And surprize, by all ways and means whatsoever, all and 
every such person or persons, with their ships, arms, ammunition, and 
other goods, as shall in a hostile manner invade, or attempt the invad¬ 
ing, conquering, or annoying this State : And in fine, the Governor 
hereby is entrusted with all other powers incident to the office of Cap¬ 
tain-General and Commander in Chief, and Admiral, to be exercised 
agreeably to the rules and regulations of the Constitution, and the laws 
of the land : Provided, that the Governor shall not, at any time hereaf¬ 
ter, by virtue of any power by this Constitution granted, or hereafter to 
be granted to him by the Legislature, transport any of the inhabitants 
of this State, or oblige them to march out of the limits of the same, 



8 4 


STATE OF NEW HAMPSHIRE. 


without their free and voluntary consent, or the consent of the General 
Court, nor grant commissions for exercising the law-martial in any case, 
without the advice and consent of the Council. 

The power of pardoning offences, except such as persons may be con¬ 
victed of before the Senate, by impeachment of the House, shall be in 
the Governor, by and with the advice of the Council: But no charter 
of pardon granted by the Governor, with advice of Council, before con¬ 
viction, shall avail the party pleading the same, notwithstanding any 
general or particular expressions contained therein, descriptive of the 
offence or offences intended to be pardoned. 

All judicial officers, the Attorney General, Solicitors, all Sheriffs, 
Coroners, Registers of Probate, and all officers of the navy, and general 
and field officers of the militia, shall be nominated and appointed by 
the Governor and Council; and every such nomination shall be made 
at least three days prior to such appointment; and no appointment shall 
take place, unless a majority of the Council agree thereto. The Gov¬ 
ernor and Council shall have a negative on each other, both in the 
nominations and appointments. The yeas & nays both of the Governor 
& Council present, shall on all nominations & appointments be entered 
on the Journals of the Council. The Captains and subalterns in the re¬ 
spective regiments shall be nominated by the field officers, & if approved 
by the Governor, shall be appointed by him. 

No officer duly commissioned to command in the militia, shall be re¬ 
moved from his office, but by the address of both Houses to the Gov¬ 
ernor, or by fair trial in court martial, pursuant to the laws of the State 
for the time being. 

The commanding officers of the regiment shall appoint their Adju¬ 
tants and Quarter Masters; the Brigadiers, their Brigade-Majors; the 
Major-Generals, their Aids; the Captains and Subalterns, their non¬ 
commissioned officers. 

The division of the militia into brigades, regiments, and companies, 
made in pursuance of the militia laws now in force, shall be considered 
as the proper division of the militia of this State, until the same shall 
be altered by some future law. 

No monies shall be issued out of the treasury of this State, and dis¬ 
posed of, (except such sums as may be appropriated for the redemption 
of bills of credit, or Treasurer’s notes, or for the payment of interest 
arising thereon) but by warrant under the hand of the Governor for 
the time being, by and with the advice and consent of the Council, for 
the necessary support and defence of this State, and for the necessary 
protection and preservation of the inhabitants thereof, agreeably to the 
acts and resolves of the General Court. 

All public boards, the Commissary-General, all superintending officers 
of public magazines and stores, belonging to this State, and all com¬ 
manding officers of forts and garrisons within the same, shall, once in 
every three months, officially, and without requisition, and at other 
times when required by the Governor, deliver to him an account of all 
goods, stores, provisions, ammunition, cannon, with their appendages, 
and small arms, with their accoutrements, and of all other public proper¬ 
ty under their care respectively; distinguishing the quantity and kind 
of each, as particularly as may be; together with the condition of 
such forts and garrisons: And the commanding officer shall exhibit to 
the Governor, when required by him, true and exact plans of such forts, 
and of the land and sea, or harbor or harbors adjacent. 


JOURNAL OF CONVENTION. 


35 


The Governor and Council shall be compensated for their services, 
from time to time, by such grants as the General Court shall think rea¬ 
sonable. 

Permanent and honorable salaries shall be established by law, for the 
Justices of the Supreme Court. 

LIEUTENANT GOVERNOR. 

1 here shall be annually elected in the month of March, a Lieutenant 
Governor, whose title shall be His Honor: And who shall be qualified 
in point of property & residence, & elected in the same manner as the 
Governor is. 

The qualifications of the electors shall be the same as those required 
by this Constitution for the election of Senators. 

The Lieutenant Governor, when the Governor is in the chair, shall be 
President of the Senate, & have a casting vote in case of a tie. 

Whenever the chair of the Governor shall be vacant, by reason of his 
death, absence from the State, or otherwise, the Lieutenant Governor 
shall, during such vacancy, have & exercise all the powers & authorities 
which by this Constitution the Governor is vested with when personally 
present. 


COUNCIL. 

_ THERE shall be annually elected, by ballot, five Councillors, for ad¬ 
vising the Governor in the executive part of government. The free¬ 
holders and other inhabitants in each county, qualified to vote for Sen¬ 
ators, shall, some time in the month of March, give in their votes for 
one Councillor ; [The number of votes for Councillors shall be returned 
to the Secretary of the State, in like manner as the votes for Governor. 
The Secretary & Treasurer of the State, shall, untill the Legislature shall 
appoint other persons for that purpose, sort & count the votes, make 
a record thereof, & certify the choice, which record, & the returns 
from the several towns, parishes & places shall be deposited in the Sec¬ 
retary’s office.] 

[The foregoing paragraph within brackets is crossed in the journal.— 
Ed.] 

And the person having a majority of votes in any county, shall be 
considered as duly elected a Councillor: But if no person shall have a 
majority of votes in any county, the Senate and House of Representa¬ 
tives shall take the names of the two persons who have the highest num¬ 
ber of votes in each county, and not elected, and out of them two shall 
elect, by joint ballot, the Councillor wanting for such county. 

Provided nevertheless , That no person shall be capable of being 
elected a Councillor, who has not an estate of the value of five hundred 
pounds within this State, three hundred pounds of which (or more) shall 
be a freehold in his own right; and who is not thirty years of age ; and 
who shall not have been an inhabitant of this State for seven years im¬ 
mediately preceding his election; and, at the time of his election, an 
inhabitant of the county in which he is elected. 

The Secretary shall, annually, seventeen days before the third Wednes¬ 
day of September, give notice of the choice to the persons elected. 



86 


STATE OF NEW HAMPSHIRE. 


If any Councillor shall be elected Governor or Lieutenant Governor, 
or member of either branch of the Legislature, and shall accept the 
trust; or if any person, elected as Councillor, shall refuse to accept the 
office ; or in case of the death, resignation, or removal of any Councillor 
out of the State ; the Governor may issue a precept for the election of a 
new Councillor in that county where such vacancy shall happen; and 
the choice shall be in the same manner as before directed. 

If any new county shall hereafter be made in this State, a Councillor 
shall be chosen therein in the same manner as before directed. 

The Governor shall have full power and authority to convene the Coun¬ 
cil, from time to time, at his discretion; and, with them, or the major¬ 
ity of them, may, and shall, from time to time, hold a Council, for or¬ 
dering and directing the affairs of the State, according to the laws of 
the land. 

The members of the Council may be impeached by the House, and 
tried by the Senate, for mal-conduct. 

The resolutions and advice of the Council shall be recorded by the 
Secretary, in a register, and signed by all the members present agree¬ 
ing thereto; and this record may be called for at any time, by either 
House of the Legislature; and any member of the Council may enter 
his opinion contrary to the resolutions of the majority, with the reasons 
for such opinion. 

And whereas the elections, appointed to be made by this Constitu¬ 
tion, on the third Wednesday of September annually, by the two Hous¬ 
es of the Legislature, may not be completed on that day, the said elec¬ 
tions may be adjourned from day to day, until the same shall be com¬ 
pleted : And the order of the elections shall be as follows: The 
Governor shall be first elected, provided there should be no choice of 
him by the people : And afterwards, the two Houses shall proceed to 
fill up the vacancy, if any, in the Council. 


SECRETARY, TREASURER, COMMISSARY, &C. 

The Secretary, Treasurer, & Commissary-General, shall be chosen by 
joint ballot of the Senators and Representatives assembled in one 
room. 

The records of the State shall be kept in the office of the Secretary, 
and he shall attend the Governor and Council, the Senate, and Repre¬ 
sentatives, in person, or by Deputy, as they may require. 

The Secretary of the State shall, at all times, have a Deputy, to be 
by him appointed; for whose conduct in office he shall be responsible : 
And in case of the death, removal, or inability of the Secretary, his 
Deputy shall have and exercise all the duties of the office of Secretary 
of this State, until another shall be appointed. 

The Secretary, before he enters upon the business of his office, shall 
give bond, with sufficient sureties, in a reasonable sum, for the use of 
the State, for the punctual performance of his trust. 


COUNTY TREASURER, &C. 

The County Treasurer, & Registers of Deeds shall be elected by the 
inhabitants of the several towns, in the several Counties in the State, 
according to the method now practised, & the laws of the State. 

Provided nevertheless , The Legislature shall have authority to alter 




JOURNAL OF CONVENTION. 


87 


the mode of electing those officers, but not so as to deprive the people 
of the right they now have of electing them—& also to divide the sev¬ 
eral Counties into as many districts, for registering of deeds, as to them 
shall appear necessary, the inhabitants of'each District to elect a Reg¬ 
ister. 

The County Treasurers & Register of deeds, before they enter upon 
the business of their offices, shall be respectively sworn faithfully to 
discharge the duties thereof, & shall severally give bond, with sufficient 
sureties, in a reasonable sum, for the use of the County or District, for 
the punctual performance of their respective trusts. 


JUDICIARY POWER. 

The Judicial power of the State shall be vested in a Supreme Court of 
Judicature, except as is hereafter provided ; This court shall consist of 
one Chief Justice, & and not more than nine nor less than six Associate 
Justices. 

The Supreme Judicial Court shall be & they hereby are, fully author¬ 
ized and empowered, to grant new trials & restorations to law, in all 
cases where to them it shall appear reasonable. 

The power of hearing & determining causes in Equity, shall, by the 
Legislature, be vested in the Supreme Judicial Court, to be limited and 
defined by law; and no suit shall be sustained in Equity, where ade¬ 
quate remedy may be had in the courts of law. 

There shall be a Court erected in each county, to be called the County 
Court, to consist of one Chief Justice, & not more than six nor less than 
four Associate Justices, who shall have all the jurisdiction in civil & 
criminal matters and vested with all the powers and authorities that 
now appertain to the Courts of General Sessions of the Peace, and such 
other matters (the trying of civil suits excepted) as may be constitu¬ 
tionally assigned to them by the Legislature, except the raising County 
taxes, which taxes shall be raised by the Representatives in each Coun¬ 
ty, in such manner as the Legislature shall direct—appeals shall be 
granted from said Courts to the Supreme Judicial Court, as they are 
now allowed from the Courts of General Session of the Peace to the Su¬ 
perior Court; or in such cases and manner as the Legislature may by 
Law establish : Provided nevertheless , That the General Court shall 
have authority to make such other regulations by law as shall be neces¬ 
sary for the appropriation of County taxes. 

Justices of the Peace shall have the power of hearing & determining 
all actions wherein the sum demanded in damage does not exceed four 
pounds, except those wherein the title to things real may be drawn in 
question—an appeal being allowed in civil actions to the Supreme Ju¬ 
dicial Court, & in criminal matters to the County Courts in such cases 
& manner as the Legislature shall by law establish. 

The tenure that all commission officers shall have by law in their offi¬ 
ces, shall be expressed in their respective Commissions. All Judicial 
officers, duly appointed, commissioned & sworn, shall hold their offices 
during good behavior, excepting those concerning whom there is a dif¬ 
ferent provision made in this Constitution: Provided nevertheless, the 
Governor, with consent of Council, may remove them upon the Address 
of both Houses of the Legislature. 

Each branch of the Legislature, as well as the Governor & Council, 



88 


STATE OF NEW HAMPSHIRE. 


shall have authority to require the opinions of the Justices of the Su¬ 
preme Court upon important questions of Law, & upon solemn occa¬ 
sions. 

No person shall hold the office of Judge of any Court or sheriff of any 
County, after he has arrived to the age of 65 years. 

In order that the people may not suffer from the long continuance in 
place of any Justice of the Peace, who shall fail in discharging the im¬ 
portant duties of his office with ability & fidelity, all commissions of 
Justices of the Peace shall become void, at the expiration of five years 
from their respective dates ; but upon the expiration of any commission, 
the same may, if necessary, be renewed. 

No Judge of any Court, or Justice of the Peace, shall act as Attorney, 
or be of council, to any party, or originate any civil suit, in matters 
that shall come before him as Judge, or Justice of the Peace. 

All matters relating to the probate of wills, and granting letters of 
administration, &c. shall be exercised by the Judges of Probate, in such 
manner as the Legislature have directed, or may direct; And the Judges 
of Probate shall hold their Courts at such place or places, on such 
fixed days as the convenience of the people may require : And the Leg¬ 
islature shall from time to time .hereafter appoint such times & places, 
untill which appointments, the said Courts shall be holden at the times 
& places which the respective Judges shall direct. 

No Judge or Register of Probate of Wills, &c. shall be of Council, 
act as Advocate or receive any fees as advocate or council, in any pro¬ 
bate business that is pending, or that may be brought into any Court 
of probate in the county of which he is Judge or Register. 

All causes of marriage, divorce & alimony, & all appeals from the re¬ 
spective judges of probate, shall be heard & tried by the Supreme 
Court, untill the Legislature shall, by Law, make other provision. 

CLERKS OF COURTS. 

The Clerks of the Courts of law shall be appointed by the respective 
Courts during pleasure : And to prevent any fraud or unfairness in the 
entries & records of the Courts, no such Clerk shall be of council, in 
any cause in the Court of which he is Clerk, nor shall he fill any writ 
in any civil action whatsoever. 


ENCOURAGEMENT OF LITERATURE, &c. 

Knowledge and learning, generally diffused through a community, 
being essential to the preservation of a free government; and spread¬ 
ing the opportunities and advantages of education through the various 
parts of the country, being highly conducive to promote this end ; it 
shall be the duty of the legislators and magistrates, in all future periods 
of this government, to cherish the interest of literature and the sciences, 
and all seminaries and public schools, to encourage private and public 
institutions, rewards and immunities for the promotion of agriculture, 
arts, sciences, commerce, trades, manufactures, and natural history of 
the country; to countenance and inculcate the principles of humanity 
and general benevolence, public and private charity, industry and cecon- 
omy, honesty and punctuality, sincerity, sobriety, and all social affec¬ 
tions, and generous sentiments, among the people. 



JOURNAL OF CONVENTION. 


89 


OATH and Subscriptions;\ Exclusion from Offices; Commissions', 

lints; Habeas Corpus; the Enacting Stile; Continuance of Officers; 

Provision for a future Revision of the Constitution , &c. 

Any person chosen Governor, Lieutenant Governor, Councillor, Sen¬ 
ator, or Representative, military or civil officer, (town officers excepted) 
accepting the trust, shall, before he proceeds to execute the duties of 
his office, make and subscribe the following declaration, viz. 

I, A. B., do solemnly swear, that I will bear faith and true allegiance 
to the State of New Hampshire, and will support the Constitution there¬ 
of* So help me God. 

I, A. B., do solemnly and sincerely swear and affirm, that I will faith¬ 
fully and impartially discharge and perform all the duties incumbent on 
me as according to the best of my abilities, agreeably to the 

rules and regulations of this Constitution, and the Laws of the State of 
New Hampshire. 6b help me God. 

Provided always , When any person chosen or appointed as aforesaid, 
shall be scrupulous of swearing, & shall decline taking the said oaths, 
such shall take & subscribe them, omitting the word “swear,” and like¬ 
wise the words, “So help me God;” subjoining instead thereof, This / 
do under the pains and penalties of perjury. 

Any person having taken and subscribed the oath of allegiance, and 
the same being filed in the Secretary’s office, he shall not be obliged to 
take said oath again. 

And the oaths or affirmations shall be taken and subscribed by the 
Governor, before the Lieutenant Governor, in the presence of the Leg¬ 
islature, and by the Senate and Representatives first elected under 
this Constitution, as amended, and altered, before the President and 
three of the Council of the former Constitution, and forever afterwards 
before the Governor and Council for the time being; and by the resi¬ 
due of the officers aforesaid, before such persons, and in such manner, 
as from time to time shall be prescribed by the Legislature. 

All commissions shall be in the name of the State of New Hamp¬ 
shire, signed by the Governor, and attested by the Secretary, or his 
Deputy, and shall have the great seal of the State affixed thereto. 

All writs issuing out of the Clerk’s office in any of the Courts of 
Law, shall be in the name of the State of New Hampshire ; shall be 
under the seal of the Court whence they issue, and bear test of one of 
the Justices of the Court to which the same shall be returnable; and 
be signed by the Clerk of such Court. 

All indictments, presentments, and informations, shall conclude, 
against the peace and dignity of the State. 

The estates of such persons as may destroy their own lives, shall 
not for that offence be forfeited, but descend or ascend in the same 
manner, as if such persons had died in a natural way. Nor shall any 
article, which shall accidentally occasion the death of any person, be 
henceforth deemed a deodand, or in any wise forfeited on account of 
such misfortune. 

The privilege and benefits of the Habeas Corpus, shall be enjoyed in 
this State, in the most free, cheap, expeditious, and ample manner, 
and shall not be suspended by the Legislature, except upon the most 
urgent and pressing occasions, and for a time not exceeding three 
months. 

The enacting stile in making and passing acts, statutes, and laws, 


90 


STATE OF NEW HAMPSHIRE. 


shall be— Be it enacted by the Senate and House of Representatives, in 
General Court convened. 

No Governor, Lieutenant Governor or Judge of the Supreme Judicial 
Court, shall hold any office or place under the authority of this State, 
except such as by this Constitution they are admitted to hold, saving 
that the Judges of the said Court may hold the offices of Justice of the 
Peace throughout the State; nor shall they hold any place or office, or 
receive any pension or salary, from any other State, government, or 
power, whatever. 

No person shall be capable of exercising, at the same time, more 
than one of the following offices within this State, viz. Judge of Pro¬ 
bate, Sheriff, Register of Deeds; and never more than two offices of 
profit, which may be held by appointment of the Governor, or Governor 
and Council, or Senate and House of Representatives, or Supreme judi¬ 
cial or Inferior Courts; military offices, and offices of Justices of the 
Peace, excepted. 

No person holding the office of Judge of any Court, Secretary, Treas¬ 
urer of the State, Attorney-General, Commissary-General, military offi¬ 
cers receiving pay from the continent or this State, (excepting officers 
of the militia, occasionally called forth on an emergency) Register of 
Deeds, President, Professor or instructor of any college. Sheriff, or 
officer of the customs, including naval officers, Collectors of excise, 
Collectors of taxes, members of Congress, or any person holding any 
office under the government of the United States, shall, at the same 
time hold the office of Governor, Lieutenant Governor, or have a seat 
in the Senate, or House of Representatives, or Council; but their being 
chosen or appointed to, and accepting the same, shall operate as a res¬ 
ignation of his seat in the chair, Senate, House of Representatives, or 
Council; and the place so vacated shall be filled up. 

No person shall ever be admitted to hold a seat in the Legislature, or 
any office of trust or importance under this government, who, in the 
due course of law, has been convicted of bribery or corruption, in ob¬ 
taining an election or appointment. 

No new town or parish shall be formed in whole or in part, out of 
any town or parish without the consent of a major part of the qualified 
voters of such town or parish, out of which they are so formed, voting 
upon the question at a legal meeting held for that purpose. 

All Judges of Courts and other civil officers, whose appointment is 
vested in the Governor and Council (Justices of the Peace and coro¬ 
ners only excepted), shall be appointed and commissioned within one 
year after adopting the amendments to the Constitution : and the Com¬ 
missions of all such officers who have been heretofore appointed by 
the President and Council shall thereupon determine and become void. 

To the end that there may be no failure of justice, or danger to the 
State, by the alterations and amendments made in the Constitution, 
the General Court is hereby fully authorized and directed to fix the 
time when the amendments and alterations shall take effect, and make 
the necessary arrangements accordingly. 

This form of government shall be enrolled on parchment, and de¬ 
posited in the Secretary’s office, and be a part of the laws of the land; 
and printed copies thereof shall be prefixed to the books containing 
the laws of this State, in all future editions thereof. 

The Legislature, whenever two thirds of both houses shall deem it 


JOURNAL OF CONVENTION. 


91 


necessary, shall propose amendments, or on the application of a ma¬ 
jority of the incorporated towns and parishes within this State, shall 
call a Convention for proposing amendments, which in either case, 
shall be valid to all intents and purposes as part of this Constitution, 
when approved of by a majority of the qualified voters present and 
voting in town meetings on the question. 

[Journal resumed— p. 88.] 

Proceeded to take up the report of the Committee and 
considered the same paragraph by paragraph; and in order 
for a free and full discussion thereof, Convention resolved 
themselves into a Committee of the whole: The Honb 1 Nath 1 
Peabody Esq r . appointed chairman, who took the chair: They 
then proceeded to a consideration of the report. 

The first proposed amendment was in the 19 th Article of 
the Bill of Rights, which was read and no debate thereon 
[see marg. p. 46]. 

The second was in the 20 th Article of the said Bill of 
Rights, which was read: The proposed alteration was in the 
following words: “And also in Actions where the sum de¬ 
manded in Damages shall not exceed twenty shillings— 
and after much debate the question was put, Whether said 
alteration shall stand in said article as reported ;—which was 
determined in the negative. Some words were then pro¬ 
posed as a substitute, but were not accepted. 

The Committee then rose with leave to sit again; and the 
President took the chair & the Committee reported progress, 
[p. 89.] Adjourned to 9 o’clock to-morrow morning. 

Friday, Feb y 10 th , 1792. 

Convention met according to adjournment. After read¬ 
ing the Journal of yesterday &c. proceeded in Com tee of the 
whole: The chairman having taken the chair. 

Resumed the consideration of the 20 th article of the Bill 
of Rights, and after some debate motion was made to post¬ 
pone the further consideration thereof for the present— 
which passed in the affirmative. 

The next proposed amendment was for a thirty-ninth Ar¬ 
ticle in the bill of Rights in the following words: “ Beasts of 
the plough not exceeding a yoke of oxen or a horse, Instru¬ 
ments of Husbandry, and the necessary tools of a man’s 
trade, shall not be liable to be distrained, attached or taken 
in Execution for Debt, unless by the person who furnished 
them.” 

After some debate the question was put, Shall this be 


92 


STATE OF NEW HAMPSHIRE. 


accepted as an article of the Bill of Rights? Voted in the 
negative. 4 

The next proposed amendment was in the second para¬ 
graph under the head General Court: —which was to 
make the paragraph read thus: “The Senate and House 
shall assemble every year on the third Wednesday of Sep¬ 
tember, and at such other times as they may judge neces¬ 
sary, and shall dissolve and be dissolved seven days next 
preceding the said third Wednesday of September, and shall 
be stiled the General Court of New Hampshire” —which 
[p. 90.] being read and considered and after some debate, the 
question was put, Shall the word September stand in the re¬ 
port? Voted in the negative. 

Motion was then made to insert the word November:— 
but the motion was lost. 

Motion was then made that the word January be inserted, 
and the word “ third ” be struck out, that it might read the 
first Wednesday in January: but the motion was lost. 

Motion was then made that the last mentioned paragraph 
of the report be postponed to make way for the following: 
Shall there be any alteration made in the time for the first 
meeting of the General Court ?—which motion prevailed. 

The question was then put, Shall there be any alteration 
made in the time for the first meeting of the General Court ? 
To determine which the yeas and nays were called, and 
were as follows, viz.: 

[p. 91.] 49 Yeas—50 Nays. So no alteration is to be made. 

Proceeded to the Report under the head President 
[see margin, p. 55] or Governor. The first paragraph pro¬ 
posed to be altered to read as follows, (viz.) The word 
“ President” shall be struck out and Governor inserted in all 
the sections where the President is named : which report 
was read and considered, received and accepted. 

[p. 92.] The next amendment that took place was in the 
following words: “ But if no person shall have a majority of 
votes, the Senate and House of Representatives shall by 
joint Ballot elect one of the two persons having the highest 
number of votes who shall be declared Governor.” 

The Committee then rose with leave to sit again, and 
the President took the Chair, and the Committee reported 
progress. 

The Convention then adjourned to 3 o’clock p. m. 


JOURNAL OF CONVENTION. 


93 


Met accordingly. 

Proceeded to the first paragraph under the Head Gen¬ 
eral Court. 

Two alterations were proposed, but neither obtained, and 
it was voted to postpone the consideration of said proposed 
alterations for the present. 

They then proceeded to the paragraphs under the head 
Governor. The second paragraph was read and not de¬ 
bated. 

The third paragraph as reported was read and received so 
far as to the words above mentioned, “ but if no person 
[p. 93.] shall have a majority,” &c. 

The fourth paragraph was received with the alteration 
from “ ninety days” to “ seven months,” and with an altera¬ 
tion fixing the place to which the Governor shall adjourn 
the Court in cases of disagreement between the two Branch¬ 
es &c. to meet at the place where the General Court should 
be at that time sitting. The remainder of the paragraphs 
were accepted as far as to the one beginning thus : “ The 
Governor and Council shall be compensated,” &c. 

The Committee then rose with leave to sit again, and 
the President took the Chair, and the Committee reported 
progress. 

The Convention then adjourned to 9 o’clock to-morrow 
morn g . 

Saturday, Feb y 11 th , 1792. 

The Convention met according to adjournment. After 
reading the Journal &c. proceeded in Committee (The 
Chairman in the Chair) to the consideration of the para¬ 
graph, The Governor and Council, &c. And was Voted 
to stand thus : The Governor and Council shall have a com¬ 
pensation for their services, to be fixed annually by the 
General Court early at their first session, which shall not be 
[p. 94.] increased or diminished during the time for which 
the Governor and Council shall have been elected. 

The next paragraph was read respecting Salaries to the 
Judges of the Supreme Court, but not debated. 

Proceeded to the Report under the head, Lieut. Governor, 
but it was not accepted. 

Nextly, proceeded to consider of the Report respecting 
the Governor’s power in legislation, or otherwise the nega¬ 
tive that the Governor may have on the Acts of the Legis¬ 
lature;—which is placed under the head 


94 


STATE OF NEW HAMPSHIRE. 


General Court. 

The Report was accepted with this alteration that, On 
the return of a Bill by the Governor for reconsideration, it 
shall require two thirds of both Houses instead of four 
sevenths of one and a majority of the other,—as reported. 

The next paragraph in the report respecting the Gov¬ 
ernor’s negative on a Resolve was accepted. 

The next paragraph respecting a member taking fees, 
[p. 95.] being of Council &c. was accepted. 

Instead of the next paragraph reported, the following was 
substituted:—The doors of the Galleries of each house of 
the Legislature shall be kept open to all persons who behave 
decently, except when the welfare of the State, in the opin¬ 
ion of either branch shall require secrecy. 

Proceeded to the Report under the head 

Senate, 

and Voted that the word “twelve” be erased & the word 
thirteen inserted in the first and second paragraphs, but did 
not finish the debate on the first paragraph respecting elect¬ 
ing the Senate for two years. The Comrrtittee rose with 
leave to sit again, and the President took the Chair and the 
Committee reported progress. 

Convention then adjourned to Monday next at 3 o’clock, 
P. M. 

Monday, Feb y 13 th , 1792. 

Convention met according to adjournment. 

After reading the Journal &c. The Chairman took the 
Chair and in Committee of the whole proceeded to the con¬ 
sideration of the Senators being chosen for two years, and 
being divided into two classes, and dismissing seven the 
first year, and filling up the vacancies from the same dis¬ 
tricts, and dismissing the remainder the next year, and fill 
[p. 96.] up the vacancies from the districts in which they 
were chosen, and so on annually by rotation: & after some 
debate the foregoing proposition was postponed to make 
way for the following, (viz.) That in order to render the 
Senate Independent of and a check upon the other Branch 
of the Legislature, and that they may indeed be the rep¬ 
resentatives of the People, the choice of the Senate ought 
to be completed by the People themselves, and not by the 
medium of the House of Representatives; and Senators 


JOURNAL OF CONVENTION. 


95 


elected as has been heretofore practised :—which last prop¬ 
osition was determined by yeas & nays, and are as follows ;— 

44 yeas—45 nays. So it was negatived. 

The foregoing proposition was then tried and rejected. 

In the third clause reported, the word “biennially” to be 
erased and the word annually inserted. 

In the fourth clause, the words, “Every second year” be 
erased and that the word annually [be] inserted. 

On the words in said fourth clause “paying for himself or 
liable to pay a poll tax or the amount thereof,” some debate 
ensued and a Committee was chosen to report thereon; the 
Committee were Mr. Thompson, Mr. Walker & Mr. Blan¬ 
chard. 

The Committee then rose with leave to sit again, and the 
President took the chair and the Committee reported prog¬ 
ress. 

[p. 98.] Adjourned to half past 8 o’clock to-morrow morn¬ 
ing. 

Tuesday, Feb y 14 th 1792. 

The Convention met according to adjournment. After 
reading the Journal, &c. the chairman having taken the chair 
proceeded on the report of the Committee: much debate en¬ 
sued on a proposed clause in the following words: “Every 
officer whilst under impeachment shall be suspended from 
the exercise of the duties of his office, but the trial shall be 
as speedy as the nature of the case will admit:”—but the 
clause was rejected. 

On debating the report of the Sub Committee and the 
matter to them referred, motion was made, that the words 
“paying for himself a poll tax” be erased, and the words 
“excepting paupers & persons excused from paying taxes at 
their own request” be inserted;—which motion prevailed: 
And that the word “free” be inserted following the word 
“ every. 

Proceeded to the Report under the head 

General Court. 

Debated on several proposed amendments, but no altera¬ 
tion made in the Constitution. 

The Committee rose with leave to sit again and the Presi- 
[p. 99.] dent took the chair. The Committee reported prog¬ 
ress. 



9 6 


STATE OF NEW HAMPSHIRE. 


Adjourned to half past 2 o’clock p. m. Met accordingly. 

Voted, That when the business is gone through in Com¬ 
mittee of the whole, and Convention shall have come to a 
determination with respect to any alteration that may be 
made, that the Secretary with William Plummer Esq. ar¬ 
range the alterations that may have taken place, by incor¬ 
porating said alterations into the Bill of rights and Constitu¬ 
tion in their proper places. 

Proceeded in Committee of the whole (The chairman hav¬ 
ing taken the chair) to the consideration of the report under 
the head 

General Court, 

and the following clause in the report was rejected, (viz) a 
Proviso , that when the number of Representatives shall 
amount to one hundred and ten, the Legislature shall make 
such arrangements as that at no time they shall exceed that 
number, nor at any time less than eighty. 

The alteration respecting filling up vacancies was also re¬ 
jected. 

Proceeded to the report under the head 

Council. 

[p. ioo.] Accepted the whole, with the word “and” added 
to the paragraph respecting a new County,—till the last 
clause respecting the order of Elections—which was passed 
over without a determination. 

Proceeded to the Report under the head 

Secretary, Treasurer, Commissary, &c. 
the whole of which was accepted. 

Proceeded to the Report under the head 

County Treasurer, &c. 

which was debated with respect to Registers of Deeds, 
but came to no determination. 

The Committee then rose with leave to sit again, and the 
President took the chair, and the Committee reported prog¬ 
ress. 

Adjourned to 9 o’clock to-morrow morning. 

Wednesday, Feb^ 15 th , 1792. 

Convention met according to adjournment. After read¬ 
ing the Journal, &c. Proceeded to the report of the Com- 



JOURNAL OF CONVENTION. 97 

mittee under the head County Treasurer, &c. the first 
[p. ioi.] clause in the report was accepted ; the second ac¬ 
cepted with the following words inserted—“ the manner of 
certifying the votes, and ”—to be inserted immediately after 
the word “ alter.” Also the following words inserted,' “And 
also on the application of the major part of the inhabitants 
of any county, to divide the same into two districts for 
registering of Deeds when ever it shall appear reasonable,” 
instead of the words, “ and also to divide the several Coun¬ 
ties into as many districts for registering of Deed[s] as to 
them shall appear necessary”—the other clause was ac¬ 
cepted. 

Proceeded to consider of the report under the head 

Judiciary Power. 

Voted that the whole of the system be considered in the 
first place and afterwards to take the paragraphs separately. 
After some debate the Committee rose with leave to sit 
again; and the President took the chair and the Committee 
reported progress. 

Adjourned to 3 o’clock p. m. Met accordingly. 

Proceeded in Committee of the whole to the considera- 
[p. 102.] tion of the report under the head Judiciary Power. 
After some debate it was voted to proceed by paragraphs. 

Upon reading the first paragraph, which was in the fol¬ 
lowing words : “The Judicial power of the State shall be 
vested in a Supreme Court of Judicature, except as is here¬ 
after provided; This Court shall consist of one Chief Jus¬ 
tice and not more than nine nor less than six associate 
Justices.” Motion was made to divide the paragraph and 
take a vote on the former part, which obtained, namely: 
“The Judicial Power of the State shall be vested in a Su¬ 
preme Court of Judicature, except as is hereafter provided:” 
on which the yeas and nays were called and are as follows, 
[p. 103.] 48 Yeas—54 nays. So it was rejected. 

Motion was then made that the remainder under said 
head be postponed, to consider of a proposition laid on the 
table by a member ;—which motion obtained: but before 
any debate ensued the Committee rose with leave to sit 
again, and the President took the Chair—and the Commit¬ 
tee reported progress. 

Adjourned to 9 o’clock to-morrow morning. 

; 


93 


STATE OF NEW HAMPSHIRE. 


[p. 104.] Thursday, Feb y 16 th , 1792. 

Convention met according to adjournment 

After reading the Journal &c., Proceeded in Committee 
of the whole to take under consideration the proposition 
voted to be taken under consideration the last evening ; and 
motion was made to postpone said proposition, and take 
under consideration another delivered in this morning by a 
member in the following words : “ It shall be the duty of 
the General Court to make a reform in the Judiciary Sys¬ 
tem, that Justice may be administered in a more cheap and 
expeditious manner than is now practised; and that no 
party shall have a review after the cause has been deter¬ 
mined against him twice by Jury.” After some debate it 
was moved to postpone the last proposition in order to 
make room for the following : 

“If the General Court shall judge it necessary for the 
public good they are authorized and impowered to abolish 
the Courts of Common pleas and invest such other Courts 
as they may establish with the powers and Jurisdiction 
now vested in said Courts of Common pleas, or to make 
any regulations respecting the powers and Jurisdiction now 
[p. 105.] existing, as the public good may require.’ After 
some debate the motion was divided, and motion was made 
to take the opinion of the Committee whether the following 
words in the proposition should stand: “It shall be the 
duty of the General Court to make a reform in the Judi¬ 
ciary system:” to determine which the yeas and nays were 
[p. 106.] ‘(failed and are follows : 56 Yeas—39 nays. So 

the words are to stand. 

It was then voted that said proposition be accepted as 
before stated, in the following words: “It shall be the duty 
of the General Court to make a reform in the Judiciary sys¬ 
tem that justice may be administered in a more cheap and 
expeditious manner than is now practised, and that no party 
shall have a review after the cause has been determined 
against him twice by Jury.” 

The Committee then rose with leave to sit again, and the 
President took the chair and the Committee reported prog¬ 
ress. 

Adjourned to 3 o’clock, p. m. Met accordingly. 

[p. 107.] Proceeded in Committee of the whole to the con¬ 
sideration of the following proposition: “The General Court 


JOURNAL OF CONVENTION. 


99 


are hereby impowered to make alterations in the power and 
jurisdiction of the Courts of Common pleas and the Court of 
General Sessions respectively, or if they shall judge it nec¬ 
essary for the public good, to abolish those Courts or either 
of them, and invest such other Courts as they may establish, 
with the jurisdiction and powers now vested in the said 
Courts of Common pleas and Courts of General Sessions of 
the Peace, as the General Court may from time to time judge 
expedient for the due administration of Law and Justice”— 
which proposition was accepted. 

The next proposition debated was in the following words: 
“The General Court are also impowered to give to Justices 
of the Peace (who shall by the Executive be specially com¬ 
missioned for that purpose) jurisdiction in civil causes when 
the damages demanded shall not exceed four pounds and 
title of land is not concerned, but with right of appeal 
to either party to some other Court, so that a trial by Jury 
in the last resort may be had.” 

After some debate it was voted to strike out the words 
[p. 108.] “who shall by the Executive be specially com¬ 
missioned for that purpose,” and the proposition was then 
accepted :—Determined by yeas and nays, 64 yeas—34 nays. 

Proceeded to the report respecting vesting Chancery 
powers, which was in the following words : “And may vest 
in such Courts respectively as to the General Court may 
appear for the public good, the Powers incident to a Court 
of Equity in Chancery, not repugnant to the Constitution.” 

After some debate it was agreed to have it stand as voted 
the last session, excepting that the words “ought to” be 
erased, and instead thereof the words, “shall by the Legisla^ 
ture.” 

The Committee then rose with leave to sit again, and the 
President took the chair, and the Committee reported prog¬ 
ress. 

Adjourned to 9 o’clock to-morrow morning. 

Friday, Feb y 17 th , 1792. 

Convention met according to adjournment. After reading 
the Journal &c. Proceeded in Committee of the whole to con¬ 
sider of several motions proposed for vesting the power of 
granting new trials & restoring to Law &c. After some de- 
[p. 109.] bate the several motions were committed to the 


100 


STATE OF NEW HAMPSHIRE. 


consideration of Mr. Pickering, Mr. Livermore, Mr. Hum¬ 
phreys, Mr. Atherton & Mr. Payne who are to report their 
opinion. 

The next paragraph in the report respecting the tenure of 
Commissions &c. was accepted. 

The next respecting the Legislature requiring the opinions 
of the Supreme Court &c. was accepted. 

The next paragraph respecting a Judge or Sheriff hold¬ 
ing their office after 65 years of age, motion was made to 
strike off 65 and insert 70,—which motion obtained; and 
the words “or Judge of Probate,” to be inserted, following 
the word “Court”—was accepted with the alterations. 

The next paragraph, respecting Commissions of Justices 
of the Peace expiring in five years was accepted. 

The next paragraph, Judges and Justices &c. being of 
Council &c. was accepted. 

The next paragraph relating to Probate of Wills &c. was 
referred to the Committee chosen this morning, and that 
they report their opinion. 

The remaining two paragraphs were accepted, under said 
head. 

[p. no.] Under the head Clerk of Courts, 
the paragraph was accepted. 

Under the head Encouragement of Literature, the para¬ 
graph was accepted. 

Under the head Oaths & Subscriptions, Exclusions, &c. 
the several paragraphs were accepted, with the word “Lieu¬ 
tenant Governor” erased, till it come to the paragraph be¬ 
ginning, “all writs issuing” &c. which clause was rejected. 

The two next paragraphs were accepted. 

The next paragraph in the Constitution though not re¬ 
ported is to come under consideration in Convention. 

The two next paragraphs were accepted as reported. 

Proceeded to the next paragraph reported “No Governor,” 
&c. after some debate, the Committee rose with leave to sit 
again, and the President took the chair, and the Committee 
reported progress. 

Adjourned to 3 o’clock, p. m. Met accordingly. 

Proceeded in Committee of the whole to the paragraph 
under consideration, when the Committee rose and accepted 
the same. 


JOURNAL OF CONVENTION. 


IOI 


[p. hi.] The next paragraph was read, considered and ac¬ 
cepted. 

The next paragraph was read and the words “ Collectors 
of Excise and State and Continental taxes hereafter ap¬ 
pointed and not having settled their accounts for their col¬ 
lections with the respective officers with whom it is their 
duty to settle such accounts,” added to said paragraph. 

Motion was then made to strike out the words “ President, 
professor or Instructor of any College ; ” After some debate 
the question was put, shall the words stand—which question 
was determined by yeas and nays, and were as follows :—viz. 
[p. 112.] 56 Yeas—45 Nays. So the motion did not prevail. 

The next paragraph was accepted. 

The next proposed paragraph, “ No new town or parish,” 
&c. was rejected. 

The next proposed paragraph, “All Judges of Courts,” 
&c. was rejected. 

The next proposition that came under consideration was 
respecting an officer to act as first magistrate in case of a 
vacancy, and voted that “ the President of the Senate offi¬ 
ciate as first magistrate in the absence of the Governor.” 

[p. 113.] The Committee rose with leave to sit again, and 
the President took the Chair, and the Committee reported 
progress. 

Adjourned to 9 o’clock to-morrow morning. 

Saturday, Feb y 18 th , 1792. 

Convention met according to adjournment. After read¬ 
ing the Journal &c. Proceeded in Committee of the whole 
to consider of the Reports of the Sub Committee. The 
report on the several motions proposed for vesting the 
powers of granting new trials, restoring to Law, &c. was in 
the following words: “And it shall be the duty of the Gen¬ 
eral Court to vest in such Court or Courts of Law as to 
them may appear expedient, the power of Granting new 
trials, or a trial after judgment, either upon verdict of a 
Jury, default, non-suit, or complaint for affirmation of judg¬ 
ment, in all cases when substantial justice has not been 
done (except as before excepted) in such manner and under 
such restrictions and regulations as to the General Court 
may appear for the public good : Provided , application be 
made for such review or trial within one year from the ren- 
[p. 114.] dition of judgment:”—which report was accepted. 


102 


STATE OF NEW HAMPSHIRE. 


On the paragraph relating to the Probate of Wills &c. which 
was referred to the Sub Committee, they reported as follows: 
“All matters relating to the Probate of Wills &c. granting 
letters of administration &c. shall be exercised by the Judges 
of Probate in such manner as the Legislature have directed 
or may direct; and the judges of Probate shall hold their 
Courts at such place or places on such fixed days as the 
convenience of the people may require and the Legislature 
from time to time appointwhich report was accepted. 

The next proposition that was considered was in the fol¬ 
lowing words : “ The person who in case of a vacancy shall 
execute the office of Governor, shall be chosen by the Peo¬ 
ple in the same way and manner, as the Governor by the 
Constitution is to be chosen:”—which was determined by 
Yeas and Nays—and are as follows : viz. 

[p. 115.] 47 Yeas—52 Nays. So the motion was lost. 

It was then voted, that “the Senate shall appoint their 
President and other officers,” and determine &c. as in the 
present Constitution. 

Nextly, proceeded to the consideration of a proposition in 
the following words, viz. “The Senate before they proceed 
[p. 116.] to the trial of any officer impeached, shall summon 
him by process to be served by a sworn officer at least 
days before the day of trial; and in case of his non-appear¬ 
ance shall proceed to hear the Impeachment and evidence, 
and render judgment, his non-appearance notwithstanding;” 
—which, with causes of impeachment &c. was referred to a 
Committee consisting of Mr. Humphreys, Mr. Plummer and 
Mr. Peabody, who are to report to Convention their opinion 
thereon. 

Voted, That Mr. Walker, Mr. Thompson, Mr. Peabody, 
Mr. Atherton & Mr. Humphreys be a Committee to take 
under consideration the 20 th Article in the Bill of Rights. 

The Committee then rose with leave to sit again, and the 
President took the chair and the Committee reported prog¬ 
ress. 

Adjourned to 3 o’clock, p. m. Met accordingly. 

The next paragraph in the report, “To the end that there 
be no failure,” &c. was accepted. 

The next paragraph was accepted. 

[p. 117.] Instead of the last paragraph reported, the follow¬ 
ing was voted—“At the first annual or other meeting held 
for the choice of Representatives after seven years is expired 


JOURNAL OF CONVENTION. 


103 


from the time of the Amendments to the Constitution hav¬ 
ing been accepted, the Electors shall give their Representa¬ 
tives their opinion or Instructions in writing voted at the 
meeting, relative to the propriety or necessity of calling a 
Convention to revise the Constitution ; and if it shall appear 
to the General Court that it is the opinion of a major part of 
the people voting thereon to have the Constitution revised, 
it shall be their duty to call a Convention for that purpose; 
and the same method shall be observed at the end of every 
seven years afterwards; And the amendments which may 
be agreed on by such Convention shall be valid to all intents 
and purposes as part of this Constitution when approved of 
by of the qualified voters present and voting in Town 

meeting on the question.” 

The Committee then rose and the President took the 
chair, the Committee informed that their Report should be 
given in on Monday morning, at the time of the meeting of 
Convention. 

[p. 118.] Adjourned to Monday next at 9 o’clock, a. m. 

Monday, Feb y , 20 th , 1792. 

Convention met according to adjournment. Read the 
Report of the Committee of the whole, and voted to pro¬ 
ceed in the following manner, (viz.) to take up the report of 
the Committee of Convention and the Committee of the 
whole, and determine thereon. 

[Note. The following appears to be the Report of the Committee 
of the whole, referred to on page 118 of the Journal: it is found in 
MS. Journal on pages 443-450, as follows.—E d.] 


The Committee of the whole, having taken under their consideration 
the Report of the Committee of Convention chosen in September 
last, and maturely deliberated thereon, agree to the following al¬ 
terations in said Report, (viz.) 

To strike out the 39 th article in the Bill of Rights. 

Under the head General Court, 

2 d Paragraph—Strike out the word “third 11 and insert the word 
“ first. 11 Strike out the word “ September 11 & insert the word “June. 11 

5 th Paragraph—Strike out the words “ four sevenths, 11 and insert the 
words “ two thirds ; 11 also, Strike out the words “ a majority,” and in¬ 
sert the words “ two thirds 11 instead thereof. 

8 th Paragraph—Strike out the whole, and insert as follows : 

“ The doors of the Galleries of each House of the Legislature, shall 
be kept open to all persons who behave decently, except when the wel¬ 
fare of the State in the opinion of either Branch shall require secrecy.” 




104 


STATE OF NEW HAMPSHIRE. 


Under the head Senate. 

I st Paragraph — Strike out the word “ twelve,” and insert the word 
“ thirteen: ” Strike out the words “ two years,” and insert the words 
“ one year: ” Strike out “ third Wednesday of September,” and insert 
“first Wednesday of June.” 

2 d Paragraph—Strike out the word “twelve” and insert the word 
“ thirteen.” 

3 d Paragraph—Strike out the word “ biennially,” and insert the word 
“ annually.” 

4 th Paragraph—Strike out the words “ every second year,” and insert 
“ annually : ” Strike out “ paying for himself a poll tax or liable to pay 
poll tax or the amount thereof,” and insert, “ excepting paupers and 
persons excused from paying taxes at their own request.” 

6 th Paragraph—Strike out. 

7 th Paragraph—Strike out the whole after the words “ sealed up and 
directed,” and insert words necessary to make the method of returning 
&c. to read as in the present constitution. 

9 th Paragraph—Strike out the words “ every second year,” and insert 
the word “ annually.” 

io th , u th , & 12 th Paragraphs rejected, and the same method to be 
pursued to determine the choice of Senators, when a majority of votes 
is wanting, as when a Governor has not a majority. 

The last Paragraph was rejected. 

Voted, That the Senate shall appoint their President and other offi¬ 
cers, and determine their own rules of proceedings, and not than less 
than seven members of the Senate shall make a quorum for doing busi¬ 
ness ; and when less than eight Senators shall be present, the assent of 
five at least shall be necessary to render their acts and proceedings 
valid. 

The President of the Senate shall officiate as first magistrate in the 
absence of the Governor. 

Under the head, House of Representatives, the Proviso follow¬ 
ing the first Paragraph strike out. 

Executive Power. 

Under the head, Governor. 

3 d Paragraph—Strike out the whole after the words “the House,” 
and insert, “The Senate and House of Representatives shall, by joint 
ballot, elect one of the two persons having the highest number of votes, 
who shall be declared Governor.” 

5 th Paragraph—the words, “ to meet at the place where the General 
Court shall be at that time sitting,” are to be inserted following the 
word “ require.” 

14 th Paragraph—Strike out, and insert the following: 

The Governor and Council shall have a compensation for their ser¬ 
vices, to be fixed Annually by the General Court early at their first 
session, which shall not be encreased nor diminished during the time 
for which the Governor & Council shall have been elected. 

The whole under the head Lieut. Governor strike out. 

Under the head Council. 

4 th Paragraph strike out the word “ third,” & insert “first.” Strike 
out the word “ September” and insert “June.” 



JOURNAL OF CONVENTION. 


I0 5 


5 th Paragraph—Strike out the words “ Lieut. Governor. ” 

Begin the 6 th paragraph with the word “And.” 

The last paragraph respecting the order of Elections was not deter¬ 
mined. 

Under the head Secretary, Treasurer, Commissary &c. no alteration 
was made. 

Under the head County Treasurer, &c. 2 d paragraph insert the 
words “ The manner of certifying the votes and,” following the word 
“alter.” Strike out “And also to” &c. and insert, “and also on the 
application of the major part of the Inhabitants of any County, to divide 
the same into two districts for registering of Deeds whenever it shall ap¬ 
pear reasonable.” 

Under the head Judiciary Power. 

The I st , 2 d , 4 th & 5 th paragraphs rejected, and the following voted : — 

“It shall be the duty of the General Court to make a reform in the 
Judiciary system, that justice may be administered in a more cheap and 
expeditious manner than is now practised, and that no party shall have 
a Review after the cause has been determined against him twice by a 
Jury. 

“ The General Court are hereby impowered to make alterations in 
the power and jurisdiction of the Courts of Common Pleas and Courts 
of General Sessions respectively; or if they shall judge it necessary for 
the public good, to abolish those courts or either of them, and invest 
such other Courts as they may establish with the jurisdiction and powers 
now vested in the Courts of Common Pleas and Courts of General Ses¬ 
sions of the Peace, as the General Court may from time to time judge 
expedient for the due administration of Law and Justice. 

“And it shall be the duty of the General Court to vest in such Court 
or Courts of Law as to them may appear expedient, the power of grant¬ 
ing new trials, or a trial after judgment, either upon verdict of a Jury, 
default, non-suit, or complaint for affirmation of judgment in all cases 
when substantial justice has not been done (except as before excepted) 
in such manner and under such restrictions and regulations as to the 
General Court may appear for the public good ; Provided application be 
made for such review or trial within one year from the rendition of judg¬ 
ment.” 

3 d Paragraph committed to a Sub Committee. 

8 th Paragraph, the words “ or Judge of Probate” to follow the word 
“Court.” Strike out the words “sixty-five,” and insert the word 
“ seventy.” 

iI th Paragraph, strike out the word “shall,” and the word “here¬ 
after,” and the whole after the word “ appoint.” 

Under the head Oaths, & Subscriptions, Exclusions, &c. 

I st Paragraph — Strike out the words “ Lieut. Governor.” 

5 th Paragraph,—Strike the whole out, 

io th Paragraph,—Strike out the words “ Lieut. Governor.” 

12 th Paragraph—Strike out the words, “ Collectors of Excise, Collector 
of taxes,” and insert “Collectors of Excise and State and Continental 
taxes hereafter appointed, and not having settled their accounts with 
the respective officers with whom it is their duty to settle such accounts ” 
following “ Naval officer.” 

Strike out the words “ Lieutenant Governor.” 



io 6 


STATE OF NEW HAMPSHIRE. 


14 Paragraph strike out. 

15 Paragraph strike out. 

The last Paragraph strike out and insert the following: “At the first 
annual or other meetings held for the choice of Representatives after 
seven years is expired from the time of the amendments to the Consti¬ 
tution having been Accepted, the Electors shall give their Representa¬ 
tives their opinion or Instructions in writing. Voted at the meeting rel¬ 
ative to the propriety or necessity of calling a Convention to revise the 
Constitution, and if it shall appear to the General Court that it is the 
opinion of a major part of the people voting thereon to have the Con¬ 
stitution revised, it shall be their duty to call a Convention for that 
purpose, and the same method shall be observed at the end of every 
seven years afterwards: And the amendments which may be agreed on 
by such Convention shall be valid to all intents and purposes as part ot 

this Constitution, when approved of by.of the qualified voters 

present and voting in town meeting on the question.” 

N. B. A paragraph beginning “All Laws” &c. not acted upon. 

Accepted the first five articles in the Bill of rights with¬ 
out any alteration. 

6 th Article debated and referred to Mr. Peabody, Mr. 
Walker & Mr. Livermore. 

7 th Accepted with this alteration: Strike out “United 
Statefs] of America in Congress Assembled,” and insert 
“Congress of the United States of America.” 

8 th , 9 th , 10 th , 11 th , 12 th , 13 th , 14 th , 15 th , 16 th Articles were 
accepted without any alteration: 17 th accepted—erasing the 
word “Assembly,” and insert the word “ Legislature.” 

18 th accepted—erasing the words “those of,” also the 
word “ dye” and insert “ offences.” 

19 th accepted—erasing the word “ citizen” and inserting 
“ subject.” 

20 th article erased, and the one received as reported by 
the Committee and inserted instead of the one erased. [See 
Report of Com., marg. p. 189.] 

21 st , 22 d , 23 d , 24 th , 25 th , 26 th , 27 th , 28 th , 29 th , 30 th , 31 st , 32 d , 
33 d , and 34 th rec d . 

[p. 119.] 35 th accepted, with striking out the words “or 
Superior.” 

36 th , 37 th , 38 th accepted. 39 th rejected. 

Adjourned to 3 o’clock P. M. Met accordingly. 

Proceed to the Form of Government. 

First paragraph accepted with this alteration,—“of the 
State of New Hampshire,” erased, and the words “formerly 
called the Province of New Hampshire” [instead]. 



JOURNAL OF CONVENTION. 


107 


General Court. 

I st paragraph accepted— 2 d accepted with erasing the 
words “third Wednesday of September/’ and inserting the 
words “ last Wednesday of October” in two places in the 
paragraph—which was determined by yeas and nays, and are 
as follows : 50 yeas,—46 nays. 

3 d , 4 th accepted ; 5 th accepted, striking out “four sevenths,” 
and inserting “ two thirds ;” and striking out “a majority” 
and insert “two thirds.” 

6 th and 7 th accepted ; 8 th rejected and another inserted ; 
9 th accepted. 

Senate. 

5 th Paragraph accepted with the alterations made in Com¬ 
mittee of the whole. 

Adjourned to 9 o’clock to-morrow morning. 

Tuesday, Feb y 21 st , 1792. 

Convention met according to adjournment. 

Proceeded to the consideration of the several remaining 
paragraphs under the head, Senate. The 6 th & 7 th accepted, 
the 8 th 9 th & 10 th rejected ; the 1 I th 12 th & 13 th accepted with 
some small alterations which were made in the proper place; 
14 th accepted with some alterations which were inserted, 
[p. 120.] The last paragraph reported,—which was in the 
following words, viz., “ Every officer whilst under impeach¬ 
ment shall be suspended from the exercise of the duties of 
his office unless the House of Representatives shall order 
otherwise ; but the trial shall be as speedy as the nature of 
the case will admit”—which paragraph was largely debated, 
and the yeas and nays called to determine thereon, and were 
as follows : 

46 yeas—49 nays. So the motion was lost. 

[p. 121.] Adjourned to 3 o’clock, p. m. Met accordingly. 

Proceeded to the consideration of the several articles or 
Paragraphs under the head House of Representatives. 

On the I st paragraph much debate ensued, and motion 
was made to strike out the words “three hundred,” and 
insert “ two hundred and twenty-five ” as the mean increas¬ 
ing number—to determine which the yeas & nays were 
called and were as follows : 

19 yeas—79 Nays. So the motion was lost and no alter¬ 
ation was made in said article. 



ioS 


STATE OF NEW HAMPSHIRE. 


[p. 122.] The next paragraph contained in a proviso to 
prevent the number of Representatives being more than 
one hundred and ten at any one time hereafter, &c. was re¬ 
jected. The remainder under said head was accepted till it 
comes to the paragraph respecting printing the Journal of 
the Gen 1 Court, & after some debate it was rejected as re¬ 
ported, and received as it stands in the Constitution, with 
the addition of the following words : “And all the public 
Acts ” to follow the words, “ General Court.” 

The following paragraph was added, “ And any member 
of the Senate or House of Representatives shall have a 
right on motion made at the time for that purpose to have 
his protest or dissent with the reasons against any vote, re¬ 
solve or Bill passed, entered on the Journals.” 

Proceeded to consider of the Paragraphs under the head, 

Governor (as reported). 

The first paragraph was accepted and the 2 d came under 
consideration, and it was voted, that an alteration be made, 
which was inserted in its place: the 3 d came under con¬ 
sideration respecting Electors &c. and voted, that Mr. 
[p. 123.] Payne, Mr. Humphreys & Mr. Livermore be a 
Committee to make an arrangement of the several Para¬ 
graphs touching the Executive, and make them conformable 
to certain votes that have been passed in Convention. 

Adjourned to 9 o’clock to-morrow morning. 

Wednesday, Feb y 22 d , 1792. 

Convention met according to adjournment. Proceeded to 
consider of the Report of the Committee on the 6 th Article 
in the Bill of rights—which after being fully debated, motion 
was made to accept the report:—on which motion the yeas 
and nays were called, and are as follows: 

57 yeas—35 Nays. So the report was accepted. 

[p. 124.] Accepted the report of the Committee on the last 
clause or paragraph under the head Senate. 

Proceeded to consider of the Report of the Committee, to 
consider of and report upon the whole under the head 

Governor, 

and accepted the same. 

Proceeded to consider of the Paragraphs under the head 



JOURNAL OF CONVENTION. IO9 

Council, 

and voted to erase the paragraph giving liberty in case there 
should be a new County to have an additional Counsellor— 
which was rejected. 

Adjourned to 3 o’clock p. m. Met accordingly. 

The following Proviso was taken under consideration: 
“ Provided nevertheless, that the Legislature may if the pub- 
lick good shall hereafter require it, divide the State into five 
Districts for the election of Counsellors, according to the 
numbers and taxes as nearly equal as may be, that one Coun¬ 
sellor may be chosen in each District:” which Proviso was 
accepted. 

Voted That every nomination and appointment shall be 
signed by the Governor and Council, and every negative 
shall be signed by the Governor or Council who negatived 
the same. 

Under the head 

Secretary, Treasurer, &c. 

received as reported by the Com tee of Convention. Report 
[p. 125.] of the Committee of the whole under the head 
County Treasurer, &c. was received as reported by the 
Committee. Under the head County Treasurer &c. the 
whole received as reported by the committee of the whole. 

Under the head, Judiciary Power received as reported 
by the Committee of the whole. 

The paragraph under the head, Clerk of Courts refer’d 
to Mr. Humphreys for an alteration. 

Under the head, Encouragement of Literature, the 
paragraph was accepted as reported. 

Under the head Oaths & Subscriptions &c. accepted as 
reported. 

Adjourned to 9 o’clock to-morrow morning. 

Thursday, Feb y , 23 d , 1792. 

Convention met according to adjournment. Received the 
report under the head “Clerk of Courts”—which was as fol¬ 
lows: “The Judges of the Courts, (those of Probate except¬ 
ed,) shall appoint their respective Clerks during pleasure; 
and no such clerk shall be of Council in any cause in the 
Court of which he is clerk, nor shall he draw any writ orig¬ 
inating a Civil Action.” 


110 


STATE OF NEW HAMPSHIRE. 


[p. 126.] Proceeded to the paragraph which excludes cer¬ 
tain officers from holding a seat in the Legislature, and mo¬ 
tion was made to insert the words “Justices of the Peace;” 
—to determine which the yeas & nays were called, and are 
as follows: 

34 yeas—62 nays. So the motion did not prevail. 

[p. 127.] Motion was made to strike out the words “Judge 
of the Inferior Court of Common Pleas : ”—but the motion 
was lost. 

Motion was then made to strike out the words, “ Presi¬ 
dent, Professor or Instructor of any College”—which passed 
in the affirmative, and the words were struck out. 

Voted, That when the Governor shall be tried on Im¬ 
peachment the Chief Justice of the State shall preside in 
the Senate, but shall have no vote therein. 

Voted, That Mr. Humphreys, Mr. Page & Mr. Newcomb 
be a Committee to report on the last paragraph in the Con¬ 
stitution. 

Adjourned to 3 o’clock p. m. Met accordingly. 

The Committee reported on the last Paragraph, which re¬ 
port was read and considered, received and accepted. 

Voted That Mr. Cilley, Mr. Thompson, Mr. Atherton, 
Mr. Chase and Mr. P'reeman be a Committee to consider 
and report in what way and manner the proceedings in Con¬ 
vention shall be printed and distributed to the several 
Towns ; when the meetings in the Towns shall be held ; 
the manner of the Towns making returns & the time and 
place where Convention shall hold their next session. 

[p. 128.] The foregoing Committee reported: “That some 
person be appointed to agree with a printer to strike off 

.copies of the proceedings of Convention; that he 

superintend the Press ; that he direct one copy to the Se¬ 
lectmen of each Town, parish and unincorporated place; 
that he bind up the copies belonging to each County in a 
separate bundle and direct and send them to the sheriffs of 
the respective Counties, accompanied with a letter directing 
the sheriff to send the copies of the several respective 
Towns &c. in the County without delay; that the meetings 
in the several towns throughout the State to consider and 
vote on the doings of the Convention, be held on the first 
Monday in May next, and that the Convention adjourn to 
meet again on the last Wednesday of said May, at Concord.” 




JOURNAL OF CONVENTION. 


Ill 


On reading and considering the foregoing report, it was 
Voted, That two persons be employed for the purpose men¬ 
tioned. 

Voted, That Mr. Thompson, Mr. Toppan & Mr. Peabody 
be a Committee to nominate four persons—two of whom to 
be appt d a Committee for said purpose. 

Voted, That Mr. Page, Mr. Plummer & Mr. Livermore be 
a Committee to point out the manner in which the returns 
from the several Towns shall be made. 

[p. 129.] Adjourned to 8 o’clock to-morrow morning. 

Friday, Feb y 24 th , 1792. 

Convention met according to adjournment. The Com¬ 
mittee to Nominate four persons, two of whom &c. nominat¬ 
ed Mr. Pickering, Mr. Peabody, Mr. Walker & Doct 1 ' Sam 1 
Tinney. 

The Committee to whom was referred, to consider in what 
manner the returns &c. should be made, reported: “That the 
Articles of amendments be incorporated with the Constitu¬ 
tion and printed: And the Articles of Amendment be num¬ 
bered, and also printed with two blank columns on each 
page, with the amendments, and at the top of one column 
be printed the words, “Votes for the Amendments,” and at 
the top of the other column be printed, “Votes against the 
Amendments:” That the returns be made by writing down 
against each particular Amendment the number of votes for 
the article or against the article, as the case may be, and 
that there be printed at the end of the articles a certificate 
in the following words, (viz.) 

“I.Town clerk of.do hereby certify 

and attest, that the number of votes for and against each ar- 
[p. 130.] tide of amendment as set down in each column 
against each particular article, is just and true as voted and 
taken in town meeting duly warned for that purpose, and 

held in the town of.in the County of.this 

.day of May, Anno Domini 1792. 

.Town Clerk.” 

The Committee further report an order to be printed on 
the first page of the Articles of amendments as follows, (viz.) 

“ In Convention held at Concord the second Wednesday 
of Feb y , 1792, by adjournment, ordered that the Constitu¬ 
tion, with the articles of amendment incorporated, be printed, 








112 


STATE OF NEW HAMPSHIRE. 


in order that the Constitution Amended be better under¬ 
stood ; and the Articles of Amendments be also printed 
and sent to the several Towns and unincorporated places as 
soon as may be, to be laid before each Town and unincor¬ 
porated place at a meeting of the Inhabitants duly warned 
for that purpose, to be held on the first Monday of May 
next, being the 7 th day of s d month, to be separately voted 
[p. 131.] upon by the qualified voters present, and the Clerk 
of such Town or place shall seal up the articles of amend¬ 
ments with the number of votes written down for or against 
each particular article and cause return thereof to be made 
to the Convention at Concord on the last Wednesday in 
May next—which report was accepted. 

Proceeded to elect two persons of the four nominated, 
and made choice of the Hon bl Timothy Walker, Esquire, 
and Doct 1 ' Sam 1 Tinney, to procure five hundred printed 
copies of the amendments &c., one copy for each Town, one 
for each member, and the remainder amongst some of the 
largest towns in the State; and directed to the several sher¬ 
iffs to be by them distributed agreeably to a former Report. 

Voted that the Secretary be directed to furnish the above 
Committee with an attested copy of the amendments and 
alterations, and also an attested copy of the Constitution, 
with the amendments and alterations incorporated. 

Voted, That Mr. Plummer be requested to assist the Sec¬ 
retary in making out said copies. 

[p. 32.] Adjourned to Wednesday, the 30 th of May next 
then to meet at Concord. 

NOTE BY THE EDITOR. 

[Here follow, in order, first , the articles in addition to and in amend¬ 
ment of the constitution as sent out to the people; and second , the 
constitution with the said articles incorporated.] 


JOURNAL OF CONVENTION. 


113 


Articles in addition to and amendment of the Con¬ 
stitution of the State of New Hampshire, agreed 
to by the Convention of said State, & submitted 

TO THE PEOPLE THEREOF FOR THEIR APPROBATION. 


[See Pages 396-435, and 461-470 of the MS. Journal.] 

NOTES BY THE EDITOR. 

[In the numbering of the articles of amendment and alterations 
which follow, there is a slight discrepancy between the original manu¬ 
script of the Journal, and the printed form as sent out to the people. 
The editor has followed the latter in numbering the said articles. There 
is no discrepancy in the matter thereof, except that the last article, No. 
72, is in the printed form as sent out to the people.] 


[The following pages are a specimen of the form in which the amend¬ 
ments w r ere sent out,—the votes for or against each amendment being 
set down in the ruled columns. It was judged unnecessary to put the 
rules on every page. The result is noted in the returns at the end.] 


[The Articles of amendment are numbered as they were sent out to 
the people.—E d.] 


Under the head Bill of Rights: 

That the following be added to the 6 th Article. 

No. 1. 

But this shall not be construed to free a person 
from the obligation of his own contract on his pre¬ 
tence of changing his religious persuasion after 
making the contract. 

And whenever a minister is settled by any incor¬ 
porated town or parish, any person dissenting, shall 
have liberty either at the meeting or previous to 
the ordination of the minister, or within one month 
after the vote obtained for his settlement, to enter 
his dissent with the town or parish clerk against 
paying or contributing toward the support of such 
minister; & all minors, who after such settlement 
shall come of age, and all inhabitants of such town 
or parish who are absent from the same at the time 
of such meeting or settlement, and all persons who 
after such settlement move into such town or par¬ 
ish to reside, shall have three months from the time 
of their coming of full age, returning into town or 
moving in to reside, as aforesaid, respectively, to 

8 


Votes 
for the 
Amend¬ 
ments. 


Votes 

against 

the 

Amend’ts. 








STATE OF NEW HAMPSHIRE. 


114 


Votes 
for the 
Amend¬ 
ments. 


Votes 

against 

the 

Amend’ts. 


enter their dissent with the town or paiish clerk as 
aforesaid. 

And all persons who do not enter their dissent 
as aforesaid, shall be bound by the major vote of 
such town or parish, & it shall be considered as 
their voluntary contract: But all persons who enter 
their dissent as aforesaid shall not be bound by the 
vote of such town or parish, or considered as party 
to such contract, or in any way be compelled to 
contribute towards the support of the minister, nor 
shall any person be compelled to contribute towards 
the support of a minister who shall change from 
the sect or denomination of which he professed to 
be when he settled, to any other persuasion, sect 
or denomination. 

No. 2. 


Article r7 th , That the word “Assembly” be ex¬ 
punged, & the word “ Legislature” inserted. 


No. 3. 

Article 18 th . That the words “ those of,” “ dye,” 
be expunged, & the word “ offences” inserted. 


No. 4. 

Article 19 th . To be expunged & the following sub¬ 
stituted in lieu thereof: viz. 

Every subject hath a right to be secure from all 
unreasonable searches & seizures of his person, his 
houses, his papers, & all his possessions; There¬ 
fore all warrants to search suspected places, or ar¬ 
rest a person for examination, or trial in prosecu¬ 
tions for criminal matters, are contrary to this right, 
if the cause or foundation of them be not previ¬ 
ously supported by oath or affirmation; & if the 
order in a warrant to a civil officer, to make 
search in suspected places, or to arrest one or more 
suspected persons, or to seize their property, be 
not accompanied with a special designation of the 
persons or objects of search, arrest or seizure; 
& no warrants ought to be issued but in cases, & 
with the formalities prescribed by law. 

No. 5. 

Article 20 th . To be expunged and the following 
substituted in lieu thereof: viz. 

In all controversies concerning property, and in 
all suits between two or more persons, excepting in 
cases wherein it hath been heretofore otherwise 
used and practised, the parties have a right to a 
trial by jury, and this right shall be deemed sacred 
and inviolable; but the Legislature may, by the 
Constitution, be empowered to make such regula¬ 
tions as will prevent parties from having as many 
trials by Jury in the same suit or action as hath been 





JOURNAL OF CONVENTION. 


US 


heretofore allowed and practised; and to extend the civil jurisdiction 
of Justices of the Peace to the trial of suits where the sum demanded 
in damages doth not exceed four pounds, saving the right of appeal to 
either party;—But no such regulations shall take away the right of a 
trial by Jury in any case, not in this article before excepted, unless in 
cases respecting mariners wages. 

No. 6. 

Article 31 st , To be expunged & the following substituted in lieu 
thereof: viz. 

The Legislature shall assemble for the redress of public grievances, 
and for making such laws as the public good may require. 

No. 7. 

Article 35 th , To be expunged and the following substituted in lieu 
thereof: viz. 

It is essential to the preservation of the rights of every individual, 
his life, liberty, property and character, that there be an impartial 
interpretation of the Laws, and administration of Justice; It is 
the right of every citizen to be tried by Judges as impartial as the lot 
of humanity will admit. It is therefore not only the best policy, but 
for the security of the rights of the people, that the Judges of the 
Supreme Judicial Court should hold their offices so long as they behave 
well, subject however to such limitations on account of age as may be 
provided by the Constitution of the State ; & that they should have 
honorable salaries ascertained and established by standing laws. 

Under the head General Court. 

No. 8. 

The Senate & House shall assemble every year on the last Wednes¬ 
day of Octo r , & at such other times as they may Judge necessary & shall 
dissolve and be dissolved seven days next preceding the last Wednes¬ 
day of October, & shall be stiled the General Court of New Hamp¬ 
shire. 

No. 9. 

No member of the Gen 1 Court shall take fees, be of Council, or act 
as Advocate, in any cause before either branch of the Legislature ; & 
upon due proof thereof such member shall forfeit his seat in the Legis¬ 
lature. 

No. 10. 

The doors of the galleries of each House of the Legislature shall be 
kept open to all persons who behave decently, except when the welfare 
of the State in the opinion of either branch shall require secrecy. 


SENATE. 

No. 11. 

That the several paragraphs under the head of Senate be expunged, 
and the following be substituted in lieu thereof: viz. 

The Senate shall consist of thirteen members who shall hold their 
office for one year from the last Wednesday of October next ensuing 
their election. 



ii 6 


STATE OF NEW HAMPSHIRE. 


NO. 12. 

And, that the State may be equally represented in the Senate, the 
Legislature shall from time to time divide the State into thirteen dis¬ 
tricts as nearly equal as may be, without dividing towns and unincor¬ 
porated places ; and in making this division they shall govern themselves 
by the proportion of public taxes paid by the said districts, and timely 
make known to the inhabitants of the State the limits of each district. 

No. 13. 

The freeholders and other inhabitants of each district qualified as in 
this Constitution is provided, shall annually give in their votes for a 
Senator at some meeting holden in the month of March. 

No. 14. 

The Senate shall be the first branch of the Legislature ; and the Sen¬ 
ators shall be chosen in the following manner, viz: Every male inhabi¬ 
tant of each town & parish with town priviledges, and places unincor¬ 
porated in this State, of twenty-one years and upwards, excepting 
paupers, and persons excused from paying taxes at their own request, 
shall have a right at the annual or other meetings of the inhabitants of 
said towns & parishes, to be duely warned & holden annually forever 
in the month of March, to vote in the town or parish wherein he dwells, 
for the Senators in the district whereof he is a member. 

No. 15. 

Provided nevertheless , That no person shall be capable of being 
elected a Senator who is not seized of a freehold estate in his own 
right of the value of two hundred pounds, lying within this State, who 
is not of the age of thirty years, and who shall not have been an Inhab¬ 
itant of this State for seven years immediately preceding his election ; 
and at the time thereof he shall be an inhabitant of the district for 
which he shall be chosen. 

No. 16. 

And every person qualified as the Constitution provides, shall be 
considered an inhabitant for the purpose of electing and being elected 
into any office or place within this State, in that town, parish and plan¬ 
tation where he dwelleth and hath his home. 

No. 17. 

And the inhabitants of plantations and places unincorporated, quali¬ 
fied as this Constitution provides, who are or shall be required to assess 
taxes upon themselves towards the support of government or shall be 
taxed therefor, shall have the same priviledge of voting for Senators in 
the plantations & places wherein they reside, as the inhabitants of the 
respective towns & parishes aforesaid have. And the meetings of such 
plantations & places for that purpose, shall be holden annually in the 
month of March, at such places respectively therein, as the assessors 
thereof shall direct; which assessors shall have like authority for noti¬ 
fying the electors, collecting & returning the votes, as the Selectmen 
& Town Clerks have in their several towns by this Constitution. 

No. 18. 

The meetings for the choice of Governor, Counsellors & Senators 
shall be warned by warrant from the Selectmen, & governed by a mod- 


JOURNAL OF CONVENTION. 


II 7 


erator, who shall in the presence of the Selectmen (whose duty it shall 
be to attend) in open meeting receive the votes of all the inhabitants 
of such towns & parishes present & qualified to vote for Senators. & 
shall in said meetings, in presence of the said selectmen & of the town 
Clerk, in said meeting sort and count the said votes & make a public 
declaration thereof, with the name of every person voted for, & the 
number of votes for each person. And the town Clerk shall make a 
fair record of the same at large in the Town book & shall make out a 
fair attested copy thereof, to be by him sealed up and directed to the 
Secretary of the State, with a superscription expressing the purport 
thereof: And the said Town clerk shall cause such attested copy to be 
delivered to the sheriff of the County in which such town or parish 
shall lie forty days at least before the last Wednesday of October, or to 
the Secretary of the State at least thirty days before the said last 
Wednesday of October;—and the Sheriff of each County or his deputy 
shall deliver all such certificates by him received, into the Secretary’s 
office at least thirty days before the last Wednesday of October. 

No. 19. 

And, that there may be a due meeting of Senators on the last 
Wednesday of October annually, the Governor & a majority of the 
Council for the time being, shall as soon as may be, examine the re¬ 
turned copies of such records : & fourteen days before the said last 
Wednesday of October, he shall issue his summons to such persons as 
appear to be chosen Senators by a majority of votes, to attend & take 
their seats on that day: Provided nevertheless , that for the first year, 
the said returned copies shall be examined by the President & a ma¬ 
jority of the Council then in office, and the said President shall in like 
manner notify the persons elected, to attend and take their seats ac¬ 
cordingly. 

No. 20. 

And, in case there shall not appear to be a Senator elected by a ma¬ 
jority of votes for any district, the deficiency shall be supplied in the 
following manner, viz : The members of the House of Representatives 
& such Senators as shall be declared elected, shall take the names of 
the two persons having the highest number of votes in the district; & 
out of these shall elect by joint ballot, the Senator wanting for such 
district; & in this manner all such vacancies shall be filled up in every 
district of the State; & in like manner all vacancies in the Senate 
arising by death, removal out of the State, or otherwise, shall be sup¬ 
plied as soon as may be, after such vacancies happen. 

No. 21. 

The Senate shall be final judges of the elections, returns & qualifica¬ 
tions of their own members as pointed out in this Constitution. 

No. 22. 

The Senate shall have power to adjourn themselves, provided such 
adjournment do not exceed two days at a time ;— Provided nevertheless , 
That whenever they shall sit on the trial of any impeachment, they may 
adjourn to such time & place as they may think proper, although the 
Legislature be not assembled on such day or at such place. 

No. 23. 

The Senate shall appoint their President & other officers, & determine 


ii 8 


STATE OF NEW HAMPSHIRE. 


their own rules of proceeding: And not less than seven members of the 
Senate shall make a quorum for doing business ; & when less than eight 
Senators shall be present, the assent of five at least shall be necessary 
to render their acts and proceedings valid. 

No. 24. 

The Senate shall be a Court with full power & authority to hear, try 
& determine all impeachments made by the House of Representatives 
against any officer or officers of the State for bribery, corruption, mal¬ 
practice, or mal-administration in office, with full power to issue sum¬ 
mons or compulsory process for convening witnesses before them, with 
all necessary powers incident to a Court of trials. But previous to the 
trial of any such Impeachment, the members of the Senate shall respec¬ 
tively be sworn, truly & impartially to try & determine the charge in 
question according to evidence. And every officer impeached for brib¬ 
ery, corruption, mal-practice or mal-administration in office, shall be 
served with an attested copy of the Impeachment & order of Senate 
thereon, with such citation as the Senate may direct, setting forth the 
time & place of their sitting, to try the impeachment; which service 
shall be made by the sheriff or such other sworn officer as the Senate 
may appoint, at least fourteen days previous to the time of trial; & such 
citation being duly served & returned, the Senate may proceed in the 
hearing of the Impeachment, giving the person impeached, if he shall 
appear, full liberty of producing witnesses & proofs, & of making his 
defence by himself & Council, & may also upon his refusing or neglect¬ 
ing to appear, hear the proofs in support of the impeachment, & render 
Judgment thereon,—his non-appearance notwithstanding—& such Judg¬ 
ment shall have the same force & effect, as if the person impeached had 
appeared & pleaded on the trial. Their judgment, however, shall not 
extend further than removal from office, disqualification to hold or enjoy 
any place of honor, trust, or profit under this State ; but the party so 
convicted, shall nevertheless be liable to indictment, trial, judgment & 
punishment, according to the laws of the land. Whenever the Gov¬ 
ernor shall be impeached, the Chief Justice of the Supreme Judicial 
Court, shall during the trial preside in the Senate, but have no vote 
therein. 

Under the head House of Representatives. 

No. 25. 

That the fifth Paragraph under this head be expunged & the follow¬ 
ing added: 

All persons qualified to vote in the election of Senators shall be inti- 
tled to vote within the district where they dwell in the choice of Repre¬ 
sentatives. Every member of the House of Representatives shall be 
chosen by ballot; & for two years at least next preceding his election, 
shall have been an inhabitant of this State ; shall have an estate within 
the district which he may be chosen to represent, of the value of one 
hundred pounds, one half of which to be a freehold, whereof he is seized 
in his own right; & shall be at the time of his election, an inhabitant 
of the district he may be chosen to represent, & shall cease to repre¬ 
sent such district immediately on his ceasing to be qualified as aforesaid. 

No. 26. 

That the sixth article under said head be expunged & the following 
added & 


JOURNAL OF CONVENTION. 


II 9 


The members of both Houses of the Legislature shall be compensat¬ 
ed for their services out of the Treasury of the State by a Law made for 
that purpose ; such member attending seasonably & not departing with¬ 
out license. All intermediate vacancies in the House of Representa¬ 
tives, may be filled up from time to time in the same manner as annual 
elections are made. 

No. 27. 

The House of Representatives shall be judge of the returns, elections, 
& qualifications of its members, as pointed out in this Constitution. 
That the last paragraph under the head of House of Representatives 
be expunged, & the following added ; viz. 

No. 28. 

The Journals of the proceedings, & all the public acts of both Houses 
of the Legislature, shall be printed & published immediately after every 
adjournment, or prorogation; and upon motion made by any one mem¬ 
ber, the yeas and nays upon any question, shall be entered in the Jour¬ 
nals ; And any member of the Senate or House of Representatives 
shall have a right, on motion made at the time for that purpose, to have 
his protest or dissent with the reasons against any vote, resolve or bill 
passed, entered on the Journals. 


EXECUTIVE POWER. 

GOVERNOR. 

No. 29. 

The Governor shall be chosen annually in the month of March, & 
the votes for Governor shall be received, counted, sorted, certified & 
returned in the same manner as the votes for Senators; & the Secreta¬ 
ry shall lay the same before the Senate & House of Representatives, on 
the last Wednesday of October to be by them examined, and in case 
of an election by a majority of votes through the State, the choice 
shall be by them declared & published. 

No. 30. 

And the qualifications of electors of the Governor shall be the same 
as those for Senators ; and if no person shall have a majority of votes, 
the Senate & House of Representatives shall by joint ballot elect one 
of the two persons having the highest number of votes, who shall be 
declared Governor. 

No. 31. 

And no person shall be eligible to this office, unless at the time of 
his election he shall have been an inhabitant of this State for seven 
years next preceding; & unless he shall be of the age of thirty years, 
and unless he shall at the same time, have an estate of the value of 
five hundred pounds, one half of which shall consist of a freehold in 
his own right within this State. 

No. 32. 

In cases of disagreement between the two houses with regard to the 
time or place of adjournment or prorogation, the Governor, with advice 
of Council, shall have a right to adjourn or prorogue the General Court 
not exceeding seven months at any one time, as he may determine the 



120 


STATE OF NEW HAMPSHIRE. 


public good may require, to meet at the place where the Gen 1 Court 
shall be at that time sitting; and he shall dissolve the same seven days 
before the said last Wednesday of October. 

No. 33. 

And in case of any infectious distemper prevailing in the place where 
the said Court is to convene, or any other cause whereby dangers may 
arise to the health or lives of the members from their attendance, the 
Governor may direct the session to be holden at some other the most 
convenient place within the State. 

No. 34. 

Every bill, which shall have passed both Houses of the General 
Court, shall before it become a law. be presented to the Governor; if 
he approve, he shall sign it; but if not, he shall return it with his ob¬ 
jections to that house in which it shall have originated, who shall enter 
the objections at large on their Journal and proceed to reconsider it. 
If after such reconsideration two thirds of that House shall agree to 
pass the bill, it shall be sent together with such objections to the other 
house, by which it shall likewise be reconsidered; and if approved by 
two thirds of that House, it shall become a law. But in all such cases 
the votes of both Houses shall be determined by yeas and nays, and 
the names of the persons voting for or against the bill shall be entered 
on the Journal of each house respectively. If any bill shall not be re¬ 
turned by the Governor within five days (Sundays excepted) after it 
shall have been presented to him, the same shall be a law, in like man¬ 
ner as if he had signed it, unless the Legislature by their adjournment 
prevent its return;—in which case it shall not be a law. 

No. 35. 

Every resolve shall be presented to the Governor & before the same 
shall take effect, shall be approved by him, or, being disapproved by 
him shall be repassed by the Senate and House of Representatives, 
according to the rules & limitations prescribed in the case of a bill. 

No. 36. 

All Judicial officers, the Attorney General, Solicitors, all Sheriffs, 
Coroners, Registers of Probate, & all officers of the Navy, & General 
& field officers of the Militia, shall be nominated & appointed by the 
Governor & Council; & every such nomination shall be made at least 
three days prior to such appointment; & no appointment shall take 
place, unless a majority of the Council agree thereto. The Governor & 
Council shall have a negative on each other both in the nominations & 
appointments. Every nomination & appointment shall be signed by 
the Governor or Council; & every negative shall be also signed by the 
Governor or Council who made the same. 

No. 37. 

The Captains & Subalterns in the respective regiments shall be nomi¬ 
nated by the field officers, & if approved by the Governor shall be ap¬ 
pointed by him. 

No. 38. 

Whenever the Chair of the Governor shall become vacant by reason 
of his death, absence from the State or otherwise, the President of the 


JOURNAL OF CONVENTION. 


121 


Senate, shall, during such vacancy, have and exercise all the powers 
and authorities which by this Constitution the Governor is vested with 
when personally present: But when the President of the Senate shall 
exercise the office of Governor, he shall not hold his office in the Sen¬ 
ate. 

No. 39. 

The several paragraphs under the head “President” in the Consti¬ 
tution, shall be altered by expunging the word “ President,” and insert¬ 
ing the word Governor in lieu thereof. 

No. 40. 

And the second, third, fourth, sixth, ninth, sixteenth, and last para¬ 
graph, under the head “ President” in the Constitution, shall be ex¬ 
punged, and be considered as no longer in force. 


COUNCIL. 

No. 41. 

The several paragraphs under the head Council in the Constitution 
shall be expunged, and the following substituted in lieu thereof: 

There shall be annually elected by ballot five Councillors for advis¬ 
ing the Governor in the Executive part of Government: The free¬ 
holders and other inhabitants in each county qualified to vote for 
Senators, shall some time in the month of March give in their votes for 
one Councillor;—which votes shall be received, sorted, counted, certi¬ 
fied and returned to the Secretary’s office, in the same manner as the 
votes for Senators, to be by the Secretary laid before the Senate and 
house of Representatives on the last Wednesday of October. 

No. 42. 

And the person having a majority of votes in any County shall be con¬ 
sidered as duly elected a Councillor: But if no person shall have a ma¬ 
jority of votes in any County, the Senate and House of Representatives 
shall take the names of the two persons who have the highest number 
of votes in each County and not elected, and out of those two shall elect 
by joint ballot, the Councillor wanted for such County. 

No. 43. 

Provided nevertheless , That no person shall be capable of being 
elected a Councillor, who has not an estate of the value of five hun¬ 
dred pounds, within this State, three hundred pounds of which or 
more shall be a freehold in his own right; and who is not thirty years 
of age, and who shall not have been an inhabitant of this State for 
seven years immediately preceding his election, and at the time of his 
election an inhabitant of the County in which he is elected. 

No. 44. 

The Secretary shall annually, seventeen days before the last Wednes¬ 
day of October, give notice of the choice of the persons elected. 

No. 45. 

If any person shall be elected Governor or member of either branch 
of the Legislature, and shall accept the trust, or if any person elected as 



122 


STATE OF NEW HAMPSHIRE. 


Councillor shall refuse to accept the office, or in case of the death, res¬ 
ignation, or removal of any Councillor out of the State, the Governor 
may issue a precept for the election of a new Councillor in that County 
where such vacancy shall happen, and the choice shall be in the same 
manner as before directed. The Governor shall have power and au¬ 
thority to convene the Council from time to time at his discretion, and 
with them or the majority of them, may and shall from time to time 
hold a Council for ordering and directing the affairs of the State accord¬ 
ing to the Law of the land. 

No. 46. 

The members of the Council may be impeached by the House and 
tried by the Senate for bribery, corruption, mal-practice or mal-admin- 
ist^ration. The resolutions and advice of the Council shall be recorded 
by the Secretary in a register, and signed by all the members present 
agreeing thereto; and this record may be called for at any time, by 
either House of the Legislature ; and any member of the Council may 
enter his opinion contrary to the resolutions of the majority, with the 
reasons for such opinion. 

No. 47. 

The Legislature may, if the public good shall hereafter require it, di¬ 
vide the State into live districts as nearly equal as may be, governing 
themselves by the number of rateable polls & proportion of public taxes, 
each District to select a Councillor; and in case of such division, the 
manner of the choice shall be conformable to the present mode of elec¬ 
tion in Counties. 

No. 48. 

And whereas the elections appointed to be made by this Constitution 
on the last Wednesday of October annually by the two Houses of the 
Legislature may not be completed on that day, the said elections may 
be adjourned from day to day until the same shall be completed. And 
the order of the elections shall be as follows : The vacancies in the Sen¬ 
ate, if any, shall be first filled up; the Governor shall then be elected, 
provided there shall be no choice of him by the people, and afterwards 
the two houses shall proceed to fill up the vacancy, if any, in the Coun¬ 
cil. 

Under the head Secretary, &c. 

No. 49. 

The Secretary of the State shall at all times have a deputy to be by 
him appointed, for whose conduct in office he shall be responsible, and 
in case of the death, removal or inability of the Secretary, his deputy 
shall exercise all the duties of the office of Secretary of this State 
until another shall be appointed. 

No. 50. 

The Secretary before he enters upon the business of his office, shall 
give bond with sufficient sureties in a reasonable sum for the use of 
the State, for the punctual performance of his trust. 

County Treasurer, &c. 

No. 51. 

That the paragraph under this head in the Constitution be expunged, 
and the following substituted in the lieu thereof: 


JOURNAL OF CONVENTION. 


123 


The County Treasurer and Register of Deeds, shall be elected by 
the inhabitants of the several Towns in the several Counties in the State, 
according to the method now practised and the laws of the State ; Pro¬ 
vided nevertheless , the Legislature [shall have authority] to alter the 
manner of certifying the votes and the mode of electing those officers, 
but not so as to deprive the people of the right they now have of elect¬ 
ing them. 

No. 52. 

And the Legislature on the application of the major part of the in¬ 
habitants of any County shall have authority to divide the same into 
two districts, for registering deeds, if to them it shall appear neces¬ 
sary—each district to elect a Register of deeds. 

No. 53. 

The County Treasurer and Register of deeds before they enter upon 
the business of their offices, shall be respectively sworn faithfully to 
discharge the duties thereof, and shall severally give bond with suffi¬ 
cient sureties in a reasonable sum for the use of the County or District, 
for the punctual performance of their respective trusts. 


JUDICIARY POWER. 

No. 54. 

It shall be the duty of the General Court to make a reform in the Judi¬ 
ciary system, that justice may be administered in a more cheap and ex¬ 
peditious manner than is now practised ; and that no party shall have a 
review after the cause has been determined against him twice by Jury. 

No. 55. 

The General Court are hereby empowered to make alterations in the 
power and jurisdiction of the Courts of common pleas and General Ses¬ 
sions of the peace respectively; or if they shall judge it necessary for 
the public good, to abolish those Courts, or either of them, and invest 
such other courts as they may establish, with the jurisdiction and pow¬ 
ers now vested in the Courts of common pleas and Courts of General 
Sessions of the peace, as the General Court may from time to time 
judge expedient for the due administration of law and justice. 

No. 56. 

And it shall be the duty of the General Court to vest in such Court 
or Courts of law as to them may appear expedient, the power of grant¬ 
ing new trials, or a trial after judgment, either upon verdict of a Jury, 
default, non-suit, or complaint for affirmation of judgment, in all cases 
where substantial justice has not been done (except as before except¬ 
ed) in such manner and under such restrictions and regulations as to 
the General Court may appear for the public good;— Provided , applica¬ 
tion be made for such reviews or trial within one year from the rendi¬ 
tion of judgment. 

No. 57. 

For the more effectually preserving the proper separation of the three 
great powers of Government agreeably to the 37 th article in the Bill of 
rights, the power of hearing and deciding in causes of equity shall be 
vested either in some judicial Court or Courts, or in some Court to be 



124 


STATE OF NEW HAMPSHIRE. 


established specially for that purpose : Provided , no power shall be 
granted to any such Courts incompatible with the Bill of rights and 
Constitution; and the powers of said Courts shall be limited and de¬ 
fined by express laws—and no suit in equity shall be sustained where 
clear and adequate remedy may be had at law. 

No. 58. 

The General Court are empowered to give to justices of the peace 
jurisdiction in civil causes when the damages demanded shall not ex¬ 
ceed four pounds, and title of real estate is not concerned; but with 
right of appeal to either party to some other court, so that a trial by 
Jury in the last resort may be had. 

No. 59. 

No person shall hold the office of Judge of any Court, or Judge of 
Probate, or Sheriff of any County after he has attained the age of sev¬ 
enty years. 

No. 60. 

No Judge of any Court or justice of the peace shall act as attorney, 
or be of counsel to any party, or originate any civil suit in matters 
which shall come or be brought before [him] as judge or justice of the 
peace. 

No. 61. 

All matters relating to the Probate of Wills and granting letters of 
administration, shall be exercised by the Judges of probate in such man¬ 
ner as the Legislature have directed or may hereafter direct—and the 
judges of probate shall hold their Courts at such place or places on such 
fixed days as the conveniency of the people may require, and the legis- 
ture from time to time appoint. 

No. 62. 

No judge or register of probate shall be of counsel, act as advocate, 
or receive any fees as advocate or counsel in any probate business which 
is pending or may be brought into any Court of probate, in the county 
of which he is judge or register. 

No. 63. 

That the paragraph under the head “Clerks of Court” in the Con¬ 
stitution be expunged, and the following substituted :—viz. 

No. 64. 

The Judges of the Courts (those of Probate excepted) shall appoint 
their respective Clerks, to hold their office during pleasure. And no 
such clerk shall act as an attorney, or be of council in any cause in the 
Court of which he is clerk, nor shall he draw any writ oridnatins: a 
civil action. 

No. 65. 

That the paragraph in the Constitution under the head, “Delegates 
to Congress,” be expunged. 

No. 66. 

The Oath of allegiance in the Constitution shall be expunged, and 
the following shall be substituted in lieu thereof: 


JOURNAL OF CONVENTION. 


125 


I, A. B.do solemnly swear that I will bear faith and true al¬ 

legiance to the State of New Hampshire, and will support the Consti¬ 
tution thereof So help me God. 

No. 67. 

Any person having taken and subscribed the oath of allegiance shall 
not be obliged to take said oath again. 

No. 68. 

And the Oath or affirmations shall be taken and subscribed by the 
Governor before the President of the Senate, in presence of both 
houses of the Legislature, and by the Senators and Representatives 
first elected under this Constitution as amended and altered, before the 
President of the State and a majority of the Councillors then in office; 
and forever afterwards before the Governor and Council for the time 
being; and by all other officers, before such persons and in such man¬ 
ner as the Legislature shall from time to time appoint. 

No. 69. 

That the 15 th paragraph in this Constitution under the head “Oaths & 
Subscriptions” &c. be expunged, and the following substituted in lieu 
thereof, viz. : 

No. 70. 

No person holding the office of Judge of any Court—except special 
Judges,—Secretary, Treasurer of the State, Attorney General, Commis¬ 
sary General, Military Officers receiving pay from the Continent or this 
State,—excepting officers of the militia occasionally called forth on an 
emergency,—Register of deeds, Sheriff or officer of the Customs, includ¬ 
ing Naval officers, Collectors of excise and State and Continental taxes 
hereafter appointed, and not having settled their accounts with the re¬ 
spective officers with whom it is their duty to settle such accounts, 
members of Congress or any person holding an office under the United 
States, shall at the same time hold the office of Governor, or have a 
seat in the Senate or House of Representatives or Council; but his 
being chosen and appointed to, and accepting the same, shall operate 
as a resignation of his seat in the Chair of the Senate or House of Rep¬ 
resentatives or Council, and the place so vacated shall be filled up. No 
member of the Council shall have a seat in the Senate or House of 
Representatives. 

No. 71. 

To the end that there may be no failure of justice or danger to the 
State by the alterations and amendments made in the Constitution, the 
General Court is hereby fully authorized and directed to fix the time 
when the Amendments and alterations shall take effect, and make the 
necessary arrangement accordingly. That the last paragraph in the 
Constitution be expunged, and the following substituted in lieu thereof, 
viz.: 

No. 72.* 

It shall be the duty of the Selectmen and Assessors of the several 
towns and places in this State, in warning the first annual meeting for 
the choice of Senators, after the expiration of seven years from the 

* This article in its present form was sent out with the revised and amended constitution, 
but the original is not found in the MS. Journal.— Ed. 





126 


STATE OF NEW HAMPSHIRE. 


adoption of this Constitution as amended, to insert expressly in the 
warrant this purpose, among the others, for the meeting, to wit: To 
take the sense of the qualified voters on the subject of a revision of 
the Constitution : And the meeting being warned accordingly, and not 
otherwise, the Moderator shall take the sense of the qualified voters 
present, as to the necessity of a revision; and a return of the number 
of votes for and against such necessity, shall be made by the clerk, 
sealed up, and directed to the General Court, at their then next session; 
and if it shall appear to the General Court, by such returns, that the 
sense of the people of the State has been taken, and that in the opin¬ 
ion of the majority of the qualified voters in the State present, and 
voting at said meeting, there is a necessity for a revision of the Con¬ 
stitution, it shall be the duty of the General Court to call a Convention 
for that purpose; otherwise, the General Court shall direct the sense 
of the people to be taken, and then proceed in the manner before men¬ 
tioned. The delegates to be chosen in the same manner and propor¬ 
tioned as the representatives to the General Court:— Provided , that no 
alterations shall be made in this Constitution, before the same shall be 
laid before the towns and unincorporated places, and approved by two 
thirds of the qualified voters present, and voting on the subject. And 
the same method of taking the sense of the people, as to the revision 
of the Constitution and calling a Convention for that purpose, shall be 
observed afterwards at the expiration of every seven years. 

JOHN PICKERING, 

President, P. T. 

Attest: John Calfe, Secretary. 

NOTE BY THE EDITOR. 

[Here follows the amended Constitution, with the aforesaid alterations 
and amendments incorporated as sent out to the people in February, 1792 ; 
but, inasmuch as the several articles in the Bill of Rights (as before 
printed—pp. 71-76) were unaltered—except article 6 th , with slight 
verbal alterations in 18 th and 19 th , and the rejection of the 39 th ,—it is 
deemed entirely unnecessary to repeat them. In what follows, under 
the head of Part II, the alterations and amendments are incorporated.] 


PART 11. 


FORM OF GOVERNMENT. 

The people inhabiting the territory formerly called the Province of 
New Hampshire, do hereby solemnly and mutually agree with each 
other, to form themselves into a free, sovereign, and independent Body- 
Politic, or State, by the name of the State of New Hampshire. 


GENERAL COURT. 

The Supreme Legislative Power, within this State, shall be vested in 
the Senate and House of Representatives, each of which shall have a 
negative on the other. 





JOURNAL OF CONVENTION. 


127 


The Senate and House shall assemble every year on the last Wednes¬ 
day of October, and at such other times as they may judge necessary; 
and shall dissolve, and be dissolved, seven days next preceding the said 
last Wednesday of October; and shall be'stiled THE GENERAL 
COURT OF NEW HAMPSHIRE. 

The General Court shall forever have full power and authority to erect 
and constitute Judicatories and Courts of Record, or other Courts, to be 
holden in the name of the State, for the hearing, trying, and determin¬ 
ing, all manner of crimes, offences, pleas, processes, plaints, actions, 
causes, matters and things whatsoever, arising or happening within this 
State, or between or concerning persons inhabiting or residing, or 
brought within, the same, whether the same be criminal or civil, or 
whether the crimes be capital, or not capital, and whether the said pleas 
be real, personal, or mixed; and for the awarding and issuing execu¬ 
tion thereon. To which Courts and Judicatories, are hereby given and 
granted, full power and authority, from time to time, to administer oaths 
or affirmations, for the better discovery of truth in any matter in con¬ 
troversy, or depending before them. 

And farther, full power and authority are hereby given and granted to 
the said General Court, from time to time, to make, ordain, and establish, 
all manner of wholesome and reasonable orders, laws, statutes, ordinan¬ 
ces, directions, and instructions, either with penalties or without, so as 
the same be not repugnant or contrary to this Constitution, as they may 
judge for the benefit and welfare of this State, and for the governing 
and ordering thereof, and of the subjects of the same, for the necessary 
support and defence of the government thereof; and to name and settle 
annually, or provide by fixed laws for the naming and settling, all civil 
officers within this State ; such officers excepted, the election and ap¬ 
pointment of whom are hereafter in this form of government otherwise 
provided for; and to set forth the several duties, powers, and limits, of 
the several civil and military officers of this State, and the forms of such 
oaths or affirmations as shall be respectively administered unto them, 
for the execution of their several offices and places, so as the same be 
not repugnant or contrary to this Constitution; and also to impose fines, 
mulcts, imprisonments, and other punishments; and to impose and 
levy proportional and reasonable assessments, rates, and taxes, upon all 
the inhabitants of, and residents within, the said State ; and upon all es¬ 
tates within the same ; to be issued and disposed of by warrant, under 
the hand of the Governor of this State for the time being, with the ad¬ 
vice and consent of the Council, for the public service, in the necessary 
defence and support of the government of this State, and the protection 
and preservation of the subjects thereof, according to such acts as are, 
or shall be, in force within the same. 

And while the public charges of government, or any part thereof, 
shall be assessed on polls and estates in the manner that has heretofore 
been practised ; in order that such assessments may be made with 
equality, there shall be a valuation of the estates within the State taken 
anew once in every five years at least, and as much oftener as the Gen¬ 
eral Court shall order. 

No member of the General Court shall take fees, be of counsel, or 
act as advocate, in any cause before either branch of the Legislature; 
and upon due proof thereof, such member shall forfeit his seat in the 
Legislature. 


128 


STATE OF NEW HAMPSHIRE. 


The doors of the galleries of each house of the Legislature, shall 
be kept open to all persons who behave decently, except when the wel¬ 
fare of the State, in the opinion of either branch, shall require secrecy. 


SENATE. 

The Senate shall consist of thirteen members, who shall hold their 
office for one year, from the last Wednesday of October next ensuing 
their election. 

And that the State may be equally represented in the Senate, the Leg¬ 
islature shall from time to time, divide the State into thirteen districts 
as nearly equal as may be without dividing towns and unincorporated 
places; and in making this division, they shall govern themselves by 
the proportion of public taxes paid by the said districts, and timely make 
known to the inhabitants of the State the limits of each district. 

The freeholders and other inhabitants of each district, qualified as in 
this Constitution is provided, shall annually give in their votes for a 
Senator, at some meeting holden in the month of March. 

The Senate shall be the first branch of the Legislature ; and the Sen¬ 
ators shall be chosen in the following manner, viz. Every male inhabi¬ 
tant, of each town, and parish with town privileges, and places unin¬ 
corporated, in this State, of twenty-one years of age and upwards, ex¬ 
cepting paupers, and persons excused from paying taxes at their own 
request, shall have a right, at the annual or other meetings of the in¬ 
habitants of said towns and parishes, to be duly warned and holden an¬ 
nually forever in the month of March, to vote in the town or parish 
wherein he dwells, for the Senators in the county or district whereof he 
is a member. 

Provided nevertheless , That no person shall be capable of being 
elected a Senator, who is not seized of a freehold estate, in his own 
right, of the value of two hundred pounds, lying within this State, who 
is not of the age of thirty years, and who shall not have been an inhab¬ 
itant of this State for seven years immediately preceding his election, 
and at the time thereof he shall be an inhabitant of the district for 
which he shall be chosen. 

And every person, qualified as the Constitution provides, shall be 
considered an inhabitant for the purpose of electing and being elected 
into any office or place within this State, in the town, parish, and plan¬ 
tation, where he dwelleth and hath his home. 

And the inhabitants of plantations and places unincorporated, quali¬ 
fied as this Constitution provides, who are or shall be required to assess 
taxes upon themselves towards the support of government, or shall be 
taxed therefor, shall have the same privilege of voting for Senators, in 
the plantations and places wherein they reside, as the inhabitants of 
the respective towns and parishes aforesaid have. And the meetings of 
such plantations and places for that purpose, shall be holden annually 
in the month of March, at such places respectively therein as the asses¬ 
sors thereof shall direct; which assessors shall have like authority for 
notifying the electors, collecting and returning the votes, as the Select¬ 
men and Town Clerks have in their several towns by this Constitution. 

The meetings for the choice of Governor, Council, and Senators, 
shall be warned by warrant from the Selectmen, and governed by a 
Moderator, who shall, in the presence of the Selectmen, (whose duty 
it shall be to attend) in open meeting, receive the votes of all the 



JOURNAL OF CONVENTION. 


129 


inhabitants of such towns and parishes present, and qualified to vote 
for Senators; and shall, in said meetings, in presence of the said Se¬ 
lectmen and of the Town Clerk, in said meeting, sort and count the 
said votes, and make a public declaration thereof, with the name of 
every person voted for, and the number of votes for each person: And 
the Town Clerk shall make a fair record of the same at large, in the 
town book, and shall make out a fair attested copy thereof, to be by 
him sealed up and directed to the Secretary of the State, with a super¬ 
scription expressing the purport thereof: And the said Town Clerk 
shall cause such attested copy to be delivered to the Sheriff of the 
county in which such town or parish shall lie, forty days at least before 
the last Wednesday of October; or to the Secretary of the State at 
least thirty days before the said last Wednesday of October: And the 
Sheriff of each county, or his Deputy, shall deliver all such certificates 
by him received, into the Secretary’s office, at least thirty days before 
the last Wednesday of October. 

And that there maybe a due meeting of Senators on the last Wednes¬ 
day of October annually, the Governor, and a majority of the Council 
for the time being, shall, as soon as may be, examine the returned 
copies of such records, and fourteen days before the said last Wednes¬ 
day of October, he shall issue his summons to such persons as appear 
to be chosen Senators, by a majority of votes, to attend and take their 
seats on that day. 

Provided nevertheless , That for the first year the said returned copies 
shall be examined by the President, $md a majority of the Council then 
in office; and the said President shall, in like manner, notify the per¬ 
sons elected, to attend and take their seats accordingly. 

And in case there shall not appear to be a Senator elected, by a ma¬ 
jority of votes for any district, the deficiency shall be supplied in the 
following manner, viz. The members of the House of Representatives, 
and such Senators as shall be declared elected, shall take the names of 
the two persons having the highest number of votes in the district, and 
out of them shall elect, by joint ballot, the Senator wanted for such 
district; and in this manner all such vacancies shall be filled up, in 
every district of the State ; and in like manner all vacancies in the Sen¬ 
ate, arising by death, removal out of the State, or otherwise, shall be 
supplied, as soon as may be after such vacancies happen. 

The Senate shall be final judges of the elections, returns, and qual¬ 
ifications, of their own members, as pointed out in this Constitution. 

The Senate shall have power to adjourn themselves, provided such 
adjournment do not exceed two days at a time. 

Provided nevertheless, That whenever they shall sit on the trial of 
any impeachment, they may adjourn to such time and place as they 
may think proper, although the Legislature be not assembled on such 
day, or at such place. 

The Senate shall appoint their President, and other officers, and de¬ 
termine their own rules of proceedings : And not less than seven mem¬ 
bers of the Senate shall make a quorum for doing business; and when 
less than eight Senators shall be present, the assent of five, at least, 
shall be necessary, to render their acts and proceedings valid. 

The Senate shall be a Court, with full power and authority to hear, 
try, and determine, all impeachments made by the House of Represen¬ 
tatives against any officer or officers of the State, for bribery, corrup- 

9 





130 


STATE OF NEW HAMPSHIRE. 


tion, mal-practice, or mal-administration, in office; with full power to 
issue summons, or compulsory process, for convening witnesses before 
them, with all necessary powers incident to a Court of Trials ; But pre¬ 
vious to the trial of any such impeachment, the members of the Senate 
shall respectively be sworn truly and impartially to try and determine 
the charge in question, according to evidence. And every officer, im¬ 
peached for bribery, corruption, mal-practice, or mal-administration, in 
office, shall be served with an attested copy of the impeachment, and 
order of Senate thereon, with such citation as the Senate may direct, 
setting forth the time and place of their sitting to try the impeachment; 
which service shall be made by the Sheriff, or such other sworn officer 
as the Senate may appoint, at least fourteen days previous to the time 
of trial; and such citation being duly served and returned, the Senate 
may proceed in the hearing of the impeachment, giving the person im- 
. peached, if he shall appear, full liberty of producing witnesses and 
proofs, and of making his defence, by himself and counsel; and may 
also, upon his refusing or neglecting to appear, hear the proofs in sup¬ 
port of the impeachment, and render judgment thereon, his non-appear¬ 
ance notwithstanding; and such judgment shall have the same force 
and effect as if the person impeached had appeared and pleaded in the 
trial. Their judgment, however, shall not extend further than removal 
from office, disqualification to hold or enjoy any place of honor, trust, 
or profit, under this State; but the party, so convicted, shall never¬ 
theless be liable to indictment, trial, judgment, and punishment, ac¬ 
cording to the laws of the land. 

Whenever the Governor shall be impeached, the Chief Justice of the 
Supreme Judicial Court shall, during the trial, preside in the Senate, 
but have no vote therein. 


HOUSE OF REPRESENTATIVES. 

There shall be, in the Legislature of this State, a representation of 
the people, annually elected, and founded upon principles of equality: 
And, in order that such representation may be as equal as circum¬ 
stances will admit, every town, parish, or place entitled to town priv¬ 
ileges, having one hundred and fifty rateable male polls, of twenty-one 
years of age, and upwards, may elect one Representative; if four hun¬ 
dred and fifty rateable polls, may elect two Representatives; and so 
proceeding, in that proportion, making three hundred such rateable 
polls the mean increasing number, for every additional Representative. 

Such towns, parishes, or places, as have less than one hundred and 
fifty rateable polls, shall be classed by the General Assembly, for the 
purpose of choosing a Representative, and seasonably notified thereof. 
And in every class, formed for the above-mentioned purpose, the first 
annual meeting shall be held in the town, parish, or place, wherein 
most of the rateable polls reside ; and afterwards in that which has the 
next highest number; and so on annually, by rotation, through the 
several towns, parishes, or places, forming the district. 

Whenever any town, parish, or place, entitled to town privileges, as 
aforesaid, shall not have one hundred and fifty rateable polls, and be so 
situated as to render the classing thereof with any other town, parish, 
or place, very inconvenient, the General Assembly may, upon applica¬ 
tion of a majority of the voters in such town, parish, or place, issue a 



JOURNAL OF CONVENTION. 13 I 

writ for their electing and sending a Representative to the General 
Court. 

The members of the House of Representatives shall be chosen annu¬ 
ally, in the month ot March, and shall be the second branch of the Leg¬ 
islature. 

All persons, qualified to vote in the election of Senators, shall be en¬ 
titled to vote, within the district where they dwell, in the choice of Rep¬ 
resentatives. Every member of the House of Representatives shall 
be chosen by ballot; and for two years, at least, next preceding his 
election, shall have been an inhabitant of this State ; shall have an es¬ 
tate within the district which he may be chosen to represent, of the 
value of one hundred pounds, one half of which to be a freehold, 
whereof he is seized in his own right; shall be, at the time of his elec¬ 
tion, an inhabitant of the district he may be chosen to represent; and 
shall cease to represent such district immediately on his ceasing to be 
qualified as aforesaid. 

The members of both Houses of the Legislature shall be compensat¬ 
ed for their services out of the treasury of the State, by a law made for 
that purpose ; such members attending seasonably, and not departing 
without licence. All intermediate vacancies, in the House of Repre¬ 
sentatives, may be filled up, from time time, in the same manner as 
annual elections are made. 

The House of Representatives shall be the Grand Inquest of the 
State; and all impeachments made by them, shall be heard and tried 
by the Senate. 

All money bills shall originate in the House of Representatives; but 
the Senate may propose, or concur with, amendments, as on other bills. 

The House of Representatives shall have power to adjourn them¬ 
selves, but no longer than two days at a time. 

A majority of the members of the House of Representatives shall be 
a quorum for doing business : But when less than two thirds of the 
Representatives elected shall be present, the assent of two thirds of 
those members shall be necessary to render their acts and proceedings 
valid. 

No member of the House of Representatives, or Senate, shall be ar¬ 
rested, or held to bail, on mean process, during his going to, returning 
from, or attendance upon, the Court. 

The House of Representatives shall choose their own Speaker, ap¬ 
point their own officers, and settle the rules of proceedings in their own 
House ; and shall be judge of the returns, elections, and qualifications, 
of its members, as pointed out in this Constitution. They shall have 
authority to punish, by imprisonment, every person who shall be guilty 
of disrespect to the House, in its presence, by any disorderly and con¬ 
temptuous behavior, or by threatening, or ill treating, any of its mem¬ 
bers ; or by obstructing its deliberations; every person guilty of a 
breach of its privileges, in making arrests for debt, or by assaulting 
any member during his attendance at any session; in assaulting or dis¬ 
turbing any one of its officers in the execution of any order or proced¬ 
ure of the House; in assaulting any witness, or other person, ordered 
to attend, by and during his attendance of the House; or in rescuing 
any person arrested by order of the House, knowing them to be such. 
The Senate, Governor, and Council, shall have the same powers in 
like cases; provided, that no imprisonment by either, for any offence, 
exceed ten days. 


132 


STATE OF NEW HAMPSHIRE. 


The journals of the proceedings, and all the public acts of both 
Houses of the Legislature, shall be printed and published immediately 
after every adjournment or prorogation; and upon motion made by any 
one member, the yeas and nays, upon any question shall be entered 
in the journals: And any member of the Senate, or House of Repre¬ 
sentatives, shall have a right, on motion made at the time for that pur¬ 
pose, to have his protest, or dissent, with the reasons, against any vote, 
resolve, or bill, passed, entered on the journals. 


EXECUTIVE POWER. 

GOVERNOR. 

THE Governor shall be chosen annually, in the month of March ; 
and the votes for Governor shall be received, sorted, counted, certified 
and returned, in the same manner as the votes for Senators ; and the 
Secretary shall lay the same before the Senate and House of Repre¬ 
sentatives, on the last Wednesday of October, to be by them examined ; 
and in case of an election by a majority of votes through the State, the 
choice shall be by them declared and published. 

And the qualifications of electors of the Governor shall be the same 
as those for Senators; and if no person shall have a majority of votes, 
the Senate and House of Representatives shall, by joint ballot, elect 
one of the two persons having the highest number of votes, who shall 
be declared Governor. 

And no person shall be eligible to this office, unless, at the time of 
his election, he shall have been an inhabitant of this State for seven 
years next preceding, and unless he shall be of the age of thirty years, 
and unless he shall, at the same time, have an estate of the value of 
five hundred pounds, one half of which shall consist of a freehold, in 
his own right, within this State. 

In cases of disagreement between the two Houses, with regard to the 
time or place of adjournment or prorogation, the Governor, with advice of 
council, shall have a right to adjourn or prorogue the General Court, not 
exceeding seven months at any one time, as he may determine the public 
good may require, to meet at the place where the General Court shall 
be at that time sitting; and he shall dissolve the same seven days be¬ 
fore the said last Wednesday of October. 

And, in case of any infectious distemper prevailing in the place where 
the said court at any time is to convene, or any other cause, whereby 
dangers may arise to the health or lives of the members from their at¬ 
tendance, the Governor may direct the session to be holden at some 
other the most convenient place within the State. 

Every bill which shall have passed both Houses of the General Court, 
shall, before it become a law, be presented to the Governor; if he ap¬ 
prove, he shall sign it, but if not, he shall return it, with his objections, 
to that House in which it shall have originated, who shall enter the ob¬ 
jections at large on their journal, and proceed to reconsider it; if, after 
such,reconsideration, two thirds of that House shall agree to pass the 
bill, it shall be sent, together with such objections, to the other 
House, by which it shall likewise be reconsidered, and if approved 
by .two thirds of that House, it shall become a law. But in all such 
cases the votes of both Houses shall be determined by yeas and nays, 



JOURNAL OF CONVENTION. 


133 


and the names of the persons voting for or against the bill, shall be en¬ 
tered on the journal of each House respectively. If any bill shall not 
be returned by the Governor within five days (Sundays excepted) after 
it shall have been presented to him, the same shall be a law, in like 
manner as if he had signed it, unless the Legislature, by their adjourn¬ 
ment, prevent its return, in which case it shall not be a law. 

Every resolve shall be presented to the Governor, and, before the 
same shall take effect, shall be approved by him, or being disapproved 
by him, shall be repassed by the Senate and House of Representatives, 
according to the rules and limitations prescribed in the case of a bill. 

All judicial officers, the Attorney General, Solicitors, all Sheriffs, 
Coroners, Registers of Probate, and all officers of the navy, and general 
and field officers of the militia, shall be nominated and appointed by 
the Governor and Council; and every such nomination shall be made 
at least three days prior to such appointment; and no appointment shall 
take place, unless a majority of the Council agree thereto. The Gov¬ 
ernor and Council shall have a negative on each other, both in the 
nominations and appointments. Every nomination and appointment 
shall be signed by the Governor and Council, and every negative shall 
be also signed by the Governor or Council who made the same. 

The Captains and Subalterns, in the respective regiments, shall be 
nominated by the field officers, and if approved by the Governor, shall 
be appointed by him. 

Whenever the chair of the Governor shall become vacant, by reason 
of his death, absence from the State, or otherwise, the President of 
the Senate shall, during such vacancy, have and exercise all the powers 
and authorities which, by this Constitution, the Governor is vested 
with, when personally present; but when the President of the Senate 
shall exercise the office of Governor, he shall not hold his office in the 
Senate. 

The Governor, with advice of Council, shall have full power and 
authority, in the recess of the General Court, to prorogue the same 
from time to time, not exceeding seven months, in any one recess of 
said Court; and during the session of said Court, to adjourn or pro¬ 
rogue it to any time the two Houses may desire, and to call it together 
sooner than the time to which it may be adjourned, or prorogued, if 
the welfare of the State should require the same. 

The Governor of this State for the time being shall be commander in 
chief of the army and navy, and all the military forces of the State, by 
sea and land ; and shall have full power by himself, or by any chief com¬ 
mander, or other officer, or officers, from time to time, to train, instruct, 
exercise and govern the militia and navy; and for the special defence 
and safety of this State, to assemble in martial array, and put in warlike 
posture, the inhabitants thereof, and to lead and conduct them, and 
with them to encounter, expulse, repel, resist and pursue by force of 
arms, as well by sea as by land, within and without the limits of this 
State; and also to kill, slay, destroy, if necessary, and conquer by all 
fitting ways, enterprize and means, all and every such person and per¬ 
sons as shall, at any time hereafter, in a hostile manner, attempt or en¬ 
terprize the destruction, invasion, detriment or annoyance of this State ; 
and to use and exercise over the army and navy, and over the militia in 
actual service, the law martial in time of war, invasion, and also in re¬ 
bellion, declared by the Legislature to exist, as occasion shall necessa¬ 
rily require: And surprize, by all ways and means whatsoever, all and 




134 


STATE OF NEW HAMPSHIRE. 


every such person or persons, with their ships, arms, ammunition, and 
other goods, as shall in a hostile manner invade, or attempt the invad¬ 
ing, conquering, or annoying this State : And in fine, the Governor 
hereby is entrusted with all other powers incident to the office of Cap¬ 
tain-General and Commander in Chief, and Admiral, to be exercised 
agreeably to the rules and regulations of the Constitution, and the laws 
of the land: Provided, that the Governor shall not, at any time hereaf¬ 
ter, by virtue of any power by this Constitution granted, or hereafter to 
be granted to him by the Legislature, transport any of the inhabitants 
of this State, or oblige them to march out of the limits of the same, 
without their free and voluntary consent, or the consent of the General 
Court, nor grant commissions for exercising the law martial in any case, 
without the advice and consent of the Council. 

The power of pardoning offences, except such as persons may be con¬ 
victed of before the Senate, by impeachment of the House, shall be in 
the Governor, by and with the advice of the Council: But no charter 
of pardon granted by the Governor, with advice of Council, before con¬ 
viction, shall avail the party pleading the same, notwithstanding any 
general or particular expressions contained therein, descriptive of the 
offence or offences intended to be pardoned. 

No officer duly commissioned to command in the militia shall be re¬ 
moved from his office, but by the address of both Houses to the Gov¬ 
ernor, or by fair trial in court-martial, pursuant to the laws of the State 
for the time being. 

The commanding officers of the regiments shall appoint their Adju¬ 
tants and Quarter-Masters; the Brigadiers, their Brigade-Majors ; the 
Major-Generals, their Aids; the Captains and Subalterns, their non¬ 
commissioned officers. 

The Governor and Council shall appoint all officers of the continental 
army, whom, by the confederation of the United States, it is provided 
that this State shall appoint; as also all officers of forts and garrisons. 

The division of the militia into brigades, regiments, and companies, 
made in pursuance of the militia laws now in force, shall be considered 
as the proper division of the militia of this State, until the same shall 
be altered by some future law. 

No monies shall be issued out of the treasury of this State, and dis¬ 
posed of, (except such sums as may be appropriated for the redemption 
of bills of credit, or Treasurer’s notes, or for the payment of interest 
arising thereon) but by warrant under the hand of the Governor for 
the time being, by and with the advice and consent of the Council, for 
the necessary support and defence of this State, and for the necessary 
protection and preservation of the inhabitants thereof, agreeably to the 
acts and resolves of the General Court. 

All public boards, the Commissary-General, all superintending officers 
of public magazines and stores, belonging to this State, and all com¬ 
manding officers of forts and garrisons within the same, shall, once in 
every three months, officially, and without requisition, and at other 
times when required by the Governor, deliver to him an account of all 
goods, stores, provisions, ammunition, cannon, with their appendages, 
and small arms, with their accoutrements, and of all other public 
property under their care respectively; distinguishing the quantity and 
and kind of each, as particularly as may be; together with the con¬ 
dition of such forts and garrisons: And the commanding officer shall 


JOURNAL OF CONVENTION. 


135 


exhibit to the Governor, when required by him, true and exact plans of 
such forts, and of the land and sea, or harbor or harbors adjacent. 

The Governor and Council shall be compensated for their services, 
from time to time, by such grants as the General Court shall think 
reasonable. 

Permanent and honorable salaries shall be established by law, for 
the Justices of the Superior Court. 


COUNCIL. 

There shall be annually elected, by ballot, five Councillors, for ad¬ 
vising the Governor in the executive part of government. The free¬ 
holders and other inhabitants in each county, qualified to vote for Sen¬ 
ators, shall, some time in the month of March, give in their votes for 
one Councillor; which votes shall be received, sorted, counted, certi¬ 
fied, and returned to the Secretary’s office, in the same manner as the 
votes for Senators, to be by the Secretary laid before the Senate and 
House of Representatives on the last Wednesday of October. 

And the person having a majority of votes in any county, shall be 
considered as duly elected a Councillor: But if no person shall have a 
majority of votes in any county, the Senate and House of Representa¬ 
tives shall take the names of the two persons who have the highest num¬ 
ber of votes in each county, and not elected, and out of those two shall 
elect, by joint ballot, the Councillor wanted for such county. 

Provided nevertheless , That no person shall be capable of being 
elected a Councillor, who has not an estate of the value of five hundred 
pounds within this State, three hundred pounds of which (or more) 
shall be a freehold in his own right; and who is not thirty years of age ; 
and who shall not have been an inhabitant of this State for seven years 
immediately preceding his election ; and, at the time of his election, an 
inhabitant of the county in which he is elected. 

The Secretary shall, annually, seventeen days before the last Wednes¬ 
day of October, give notice of the choice of the persons elected. 

If any person shall be elected Governor, or member of either branch 
of the Legislature, and shall accept the trust; or if any person, elected 
a Councillor, shall refuse to accept the office ; or in case of the death, 
resignation, or removal of any Councillor out of the State ; the Gov¬ 
ernor may issue a precept for the election of a new Councillor in that 
county where such vacancy shall happen; and the choice shall be in 
the same manner as before directed: And the Governor shall have full 
power and authority to convene the Council, from time to time, at his 
discretion; and, with them, or the majority of them, may, and shall, 
from time to time, hold a Council, for ordering and directing the affairs 
of the State, according to the laws of the land. 

The members of the Council may be impeached by the House, and 
tried by the Senate, for bribery, corruption, mal-practice, or mal-ad- 
ministration. 

The resolutions and advice of the Council shall be recorded by the 
Secretary, in a register, and signed by all the members present agree¬ 
ing thereto; and this record may be called for at any time, by either 
House of the Legislature; and any member of the Council may enter 
his opinion contrary to the resolutions of the majority, with the reasons 
for such opinion. 



136 


STATE OF NEW HAMPSHIRE. 


♦ 


The Legislature may, if the public good shall hereafter require it, 
divide the State into five districts, as nearly equal as may be, govern¬ 
ing themselves by the number of rateable polls, and proportion ot pub¬ 
lic taxes; each district to elect a Councillor: And, in case of such 
division, the manner of the choice shall be comformable to the present 
mode of election in counties. 

And whereas the elections, appointed to be made by this Constitu¬ 
tion, on the last Wednesday of October annually, by the two Houses 
of the Legislature, may not be completed on that day, the said elections 
may be adjourned from day to day, until the same may be completed; 
And the order of the elections shall be as follows—the vacancies in the 
Senate, if any, shall be first filled up: The Governor shall then be 
elected, provided there shall be no choice of him by the people : And 
afterwards, the two Houses shall proceed to fill up the vacancy, if any, 
in the Council. 


SECRETARY, TREASURER, COMMISSARY-GENERAL, &c. 

THE Secretary, Treasurer, and Commissary-General shall be chosen 
by joint ballot of the Senators and Representatives assembled in one 
room. 

The records of the State shall be kept in the office of the Secretary, 
and he shall attend the Governor and Council, the Senate and Repre¬ 
sentatives, in person, or by Deputy, as they may require. 

The Secretary of the State shall, at all times, have a Deputy, to be 
by him appointed ; for whose conduct in office he shall be responsible ; 
And in case of the death, removal, or inability, of the Secretary, his 
Deputy shall exercise ail the duties of the office of Secretary of this 
State, until another shall be appointed. 

The Secretary, before he enters upon the business of his office, shall 
give bond, with sufficient sureties, in a reasonable sum, for the use of 
the State, for the punctual performance of his trust. 


COUNTY TREASURER, &C. 

The County Treasurers, and Registers of Deeds, shall be elected by 
the inhabitants of the several towns, in the several counties in the 
State, according to the method now practised, and the laws of the 
State. 

Provided nevertheless , The Legislature shall have authority to alter 
the manner of certifying the votes, and the mode of electing those offi¬ 
cers ; but not so as to deprive the people of the right they now have of 
electing them. 

And the Legislature, on the application of the major part of the in¬ 
habitants of any county, shall have authority to divide the same into 
two districts for registering deeds, if to them it shall appear necessary; 
each district to elect a Register of Deeds : And before they enter upon 
the business of their offices, shall be respectively sworn faithfully to 
discharge the duties thereof, and shall severally give bond, with suffi¬ 
cient sureties, in a reasonable sum, for the use of the county, for the 
punctual performance of their respective trusts. 





JOURNAL OF CONVENTION. 


137 


JUDICIARY POWER. 

It shall be the duty of the General Court to make a reform in the Ju¬ 
diciary System, that justice may be administered in a more cheap and 
expeditious manner than is now practised, and that no party shall have 
a review after the cause has been determined against him twice by Jury. 

The General Court are hereby empowered to make alterations in the 
power and jurisdiction of the Courts of Common Pleas, and General 
Sessions of the Peace, respectively; or, if they shall judge it necessa¬ 
ry for the public good, to abolish those Courts, or either of them, and 
invest such other Courts as they may establish, with the jurisdiction 
and powers now vested in the Courts of Common Pleas, and Courts of 
General Sessions of the Peace, as the General Court may, from time 
to time, judge expedient for the due administration of law and justice. 

And it shall be the duty of the General Court, to vest in such Court or 
Courts of law as to them may appear expedient, the power of granting 
new trials, or a trial after judgment, either upon verdict of a Jury, de¬ 
fault, nonsuit, or complaint, for affirmation of judgment, in all cases 
where substantial justice has not been done, except as before excepted, 
in such manner, and under such restrictions and regulations, as to the 
General Court may appear for the public good : Provided application be 
made for such review or trial within one year from the rendition of 
judgment. 

For the more effectually preserving the proper separation of the three 
great powers of government, agreeably to the 37 th Article in the Bill 
of Rights, the power of hearing and deciding in causes of equity, shall 
be vested either in some Judicial Court or Courts, or in some Court to 
be established specially for that purpose : Provided no power shall be 
granted to any such Courts, incompatible with the Bill of Rights and 
Constitution. And the powers of said Courts shall be limited and de¬ 
fined by express laws : And no suit in equity shall be sustained where 
clear and adequate remedy may be had at law. 

The General Court are empowered to give to Justices of the Peace, 
jurisdiction in civil causes, when the damages demanded shall not ex¬ 
ceed four pounds, and title of real estate is not concerned; but with 
right of appeal, to either party, to some other Court, so that a trial by 
Jury in the last resort may be had. 

No person shall hold the office of Judge of any Court, or Judge of 
Probate, or Sheriff of any county, after he has attained the age of 
seventy years. 

No Judge of any Court, or Justice of the Peace, shall act as Attorney, 
or be of counsel, to any party, or originate any civil suit, in matters 
which shall come or be brought before him as Judge, or Justice of the 
Peace. 

All matters relating to the probate of wills, and granting letters of 
administration, shall be exercised by the Judges of Probate, in such 
manner as the Legislature have directed, or may hereafter direct: And 
the Judges of Probate shall hold their Courts at such place or places, 
on such fixed days, as the conveniency of the people may require, and 
the Legislature from time to time appoint. 

No Judge, or Register of Probate, shall be of counsel, act as advo¬ 
cate, or receive any fees as advocate or counsel, in any probate business 
which is pending, or may be brought into any Court of Probate in the 
county of which he is Judge or Register. 


138 


STATE OF NEW HAMPSHIRE. 


CLERKS OF COURT. 

The Judges of the Courts (those of Probate excepted) shall appoint 
their respective Clerks, to hold their office during pleasure : And no 
such clerk shall act as an attorney, or be of counsel, in any cause in 
the Court of which he is Clerk, nor shall he draw any writ originating a 
civil action. 


ENCOURAGEMENT OF LITERATURE, &c. 

Knowledge and learning, generally diffused through a community, 
being essential to the preservation of a free government; and spread¬ 
ing the opportunities and advantages of education through the various 
parts of the country, being highly conducive to promote this end ; it 
shall be the duty of the legislators and magistrates, in all future periods 
of this government, to cherish the interest of literature and the sciences, 
and all seminaries and public schools, to encourage private and public 
institutions, rewards and immunities for the promotion of agriculture, 
arts, sciences, commerce, trades, manufactures, and natural history of 
the country; to countenance and inculcate the principles of humanity 
and general benevolence, public and private charity, industry and cecon- 
omy, honesty and punctuality, sincerity, sobriety, and all social affec¬ 
tions, and generous sentiments, among the people. 


OA TH and Subscriptions; Exclusion from Offices; Commissions; 

Writs;\ Confirmation of Laws; Habeas Corpus ; the Enacting Stile ; 

Continuance of Officers ; Provision for a future Revision of the Con¬ 
stitution , &*c. 

Any person chosen Governor, Councillor, Senator, or Representative, 
military or civil officer, (town officers excepted) accepting the trust, shall, 
before he proceeds to execute the duties of his office, make and subscribe 
the following declaration, viz. 

I, A. B., do solemnly swear, that I will bear faith and true allegiance 
to the State of New Hampshire, and will support the Constitution there¬ 
of. So help me God. 

I, A. B., do solemnly and sincerely swear and affirm, that I will faith¬ 
fully and impartially discharge and perform all the duties incumbent on 
me as according to the best of my abilities, agreeably to the rules 
and regulations of this Constitution, and the laws of the State of New 
Hampshire. So help me God. 

Any person having taken and subscribed the oath of allegiance, and 
the same being filed in the Secretary’s office, he shall not be obliged to 
take said oath again. 

Provided always , When any person chosen or appointed as aforesaid, 
shall be of the denomination called Quakers, or shall be scrupulous of 
swearing, and shall decline taking the said oaths, such shall take and 
subscribe them, omitting the word swear , and likewise the words So 
help me God, subjoining instead thereof, This I do under the pains and 
penalties of perjury. 

And the oaths or affirmations shall be taken and subscribed by the 
Governor, before the President of the Senate, in presence of both 
Houses of the Legislature, and by the Senators and Representatives 
first elected under this Constitution, as altered and amended, before the 




JOURNAL OF CONVENTION. 


139 


President of the State, and a majority of the Council then in office, and 
forever afterwards before the Governor and Council for the time being; 
and by all other officers, before such persons, and in such manner, as 
the Legislature shall from time to time appoint. 

All commissions shall be in the name of the State of New Hamp¬ 
shire, signed by the Governor, and attested by the Secretary, or his 
Deputy, and shall have the great seal of the State affixed thereto. 

All writs issuing out of the Clerk's office in any of the Courts of Law 
shall be in the name of the State of New Hampshire ; shall be under 
the seal of the Court whence they issue, and bear test of the chief, 
first, or senior Justice of the Court; but when such Justice shall be 
interested, then the writ shall bear test of some other Justice of the 
Court, to which the same shall be returnable; and be signed by the 
Clerk of such Court. 

All indictments, presentments, and informations, shall conclude, 
against the peace and dignity of the State. 

The estates of such persons as may destroy their own lives, shall not 
for that offence be forfeited, but descend or ascend in the same man¬ 
ner, as if such persons had died in* a natural way. Nor shall any article, 
which shall accidentally occasion the death of any person, he hence¬ 
forth deemed a deodand, or in any wise forfeited on account of such 
misfortune. 

All the laws which have heretofore been adopted, used, and approv¬ 
ed, in the Province, Colony or State of New Hampshire, and usually 
practised on in the Courts of Law, shall remain and be in full force, 
until altered and repealed by the Legislature ; such parts thereof only 
excepted, as are repugnant to the rights and liberties contained in this 
Constitution : Provided that nothing herein contained, when compared 
with the 23d Article in the Bill of Rights, shall be construed to affect 
the laws already made respecting the persons, or estates, of absentees. 

The privilege and benefit of the Habeas Corpus, shall be enjoyed in 
this State, in the most free, easy, cheap, expeditious, and ample man¬ 
ner, and shall not be suspended by the Legislature, except upon the 
most urgent and pressing occasions, and for a time not exceeding three 
months. 

The enacting stile in making and passing acts, statutes, and laws, 
shall be —Be it enacted by the Senate and House of Representatives , in 
General Court conveiied. 

No Governor, or Judge of the Supreme Judicial Court, shall hold 
any office or place under the authority of this State, except such as by 
this Constitution they are admitted to hold, saving that the Judges of 
the said Court may hold the offices of Justice of the Peace throughout 
the State ; nor shall they hold any place or office, or receive any pen¬ 
sion or salary, from any other State, government, or power, whatever. 

No person shall be capable of exercising, at the same time, more 
than one of the following offices within this State, viz. Judge of Pro¬ 
bate, Sheriff, Register of Deeds; and never more than two offices of 
profit, which may be held by appointment of the Governor, or Gov¬ 
ernor and Council, or Senate and House of Representatives, or Su¬ 
perior or Inferior Courts; military offices, and offices of Justices of the 
Peace, excepted. 

No person holding the office of Judge of any Court, (except Special 
Judges) Secretary, Treasurer of the State, Attorney-General, Commis- 




140 


STATE OF NEW HAMPSHIRE. 


sary-General, military officers receiving pay from the continent or this 
State, (excepting officers of the militia, occasionally called forth on an 
emergency) Register of Deeds, Sheriff, or officers of the customs, in¬ 
cluding naval officers, Collectors of excise, and State and continental 
taxes, hereafter appointed, and not having settled their accounts with 
the respective officers with whom it is their duty to settle such accounts, 
members of Congress, or any person holding any office under the United 
States, shall at the same time hold the office of Governor, or have a 
seat in the Senate, or House of Representatives, or Council; but his 
being chosen and appointed to, and accepting the same, shall operate 
as a resignation of their seat in the chair, Senate, or House of Repre¬ 
sentatives, or Council; and the place so vacated shall be filled up. No 
member of the Council shall have a seat in the Senate or House of 
Representatives. 

No person shall ever be admitted to hold a seat in the legislature, or 
any office of trust or importance under this government, who, in the due 
course of law, has been convicted of bribery or corruption, in obtain¬ 
ing an election or appointment. 

In all cases where sums of money are mentioned in this Constitution, 
the value thereof shall be computed in silver at six shillings and eight 
pe 7 ice per ounce. 

To the end that there may be no failure of justice, or danger to the 
State, by the alterations and amendments made in the Constitution, 
the General Court is hereby fully authorized and directed to fix the 
time when the alterations and amendments shall take effect, and make 
the necessary arrangements accordingly. 

It shall be the duty of the Selectmen, and assessors, of the several 
towns and places in this State, in warning the first annual meeting for 
the choice of Senators,. after the expiration of seven years from the 
adoption of this Constitution, as amended, to insert expressly in the 
warrant, this purpose, among the others for the meeting, to wit, to take 
the sense ot the qualified voters on the subject of a revision of the 
Constitution ; and the meeting being warned accordingly, and not other¬ 
wise, the Moderator shall take the sense of the qualified voters present, 
as to the necessity of a revision; and a return of the number of votes 
for and against such necessity, shall be made by the Clerk, sealed up, 
and directed to the General Court, at their then next session; and if it 
shall appear to the General Court by such return, that the sense of the 
people of the State has been taken, and that, in the opinion of the 
majority of the qualified voters in the State, present and voting at said 
meetings, theie is a necessity for a revision of the Constitution, it shall 
be the duty of the General Court to call a Convention for that purpose, 
otherwise the General Court shall direct the sense of the people to be 
taken, and then proceed in the manner before mentioned. The delegates 
to be chosen in the same manner, and proportioned, as the Representa¬ 
tives to the General Court; provided that no alterations shall be made 
in this Constitution, before the same shall be laid before the towns and 
unincorporated places, and approved by two thirds of the qualified vot¬ 
ers present and voting on the subject. 

. And the same method of taking the sense of the people, as to a revi¬ 
sion of the Constitution, and calling a Convention for that purpose, shall 
be obseived afterwards, at the expiration of every seven years. 

This form of government shall be enrolled on parchment’ and de- 


JOURNAL OF CONVENTION. 


141 


posited in the Secretary’s office, and be a part of the laws of the land; 
and printed copies thereof shall be prefixed to the books containing the 
laws of this State, in all future editions thereof. 


Attest, JOHN CALFE, Secretary. 


JOHN PICKERING, 

President , P. T. 


Wednesday, May 30 th , 1792. 

Convention met according to adjournment. 

Proceeded to the choice of a Committee for examining the 
Returns from the several Towns, and Mr. Calfe, Mr. Plum¬ 
mer & Mr. Thompson were chosen to report on said Re¬ 
turns. 

Adjourned to 9 o’clock to-morrow morning. 

Thursday May 31 st , 1792. 

Convention met according to adjournment. (The Com¬ 
mittee not being ready to report) adjourned to 3 o’clock p. m. 
Met accordingly. Adjourned to 9 o’clock to-morrow morn¬ 
ing. 

Friday, June I st , 1792. 

Convention met according to adjournment. 

The Committee appointed to examine the returns from 
the several Towns and report thereon, Reported in the fol¬ 
lowing words, viz. 


[p. 133.] “Your Committee have 
votes of the several Towns in this 
turned by the respective clerks for 
Constitution, and find them acceptei 
ing list or schedule. 

[A two-thirds vote was necessar 
ment.—E d.] 

For Against. 


No. i 994....3993—.Rejected 

2 3760_293.. .‘.Accepted 

3 3567-462.Do. 

4 3336 .... 594 .Do. 

5 2511_1554_Rejected 

6 3080.... 969-Accepted 

7 3*73 - 9 r 4 ..-Do. 

8 *627_2226.Reject d . 

9 4285_219... .Accepted 

10 4330- 144...Do 

11 2128.... 1846.Reject d . 


carefully entered and cast all the 
State agreeably to the numbers re- 
and against the amendments to the 
1 or rejected as stated in the foliow- 

r for the acceptance - of an amend- 


For Against. 

12 2407_1478.Reject 5 . 

13 2624_1219... .Accepted 

14 2722-1102.Do. 

15 2300_1500.Reject 5 

16 2542_1174_Accepted 

17 2763_1065.AcctP d . 

18 2343_1541.Reject 5 

19 2135-1657.Rejct 5 

20 2329_1191.Reje 5 . 

21 2693_1034-Accepted 

. 22 2946.... 813.Do. 























142 


STATE OF NEW HAMPSHIRE. 



For 

Against. 


23 

2565. 

•••I 00 ^••• 

.Accepted 

24 

2868. 

... 800 ... 

.Do. 

25 

2406. 

...1255... 

.Rejected 

26 

2653. 

...1120... 

.Accepted 

27 

2883. 

... 489... 


28 

3087. 

... 460... 


29 

2018. 

.. .I769 . . . 

.Rejected 

30 

2475. 

...II63... 

.Accepted 

31 

2203. 

... 1454 * • * 

. Rejected 

32 

I92O. 

. . .16lI . . . 

.Rejected 

33 

2639. 

...I08l... 

.Accepted 

34 

2 3 J 9 - 

.. .I258 . . . 

.Rejected 

35 

2183. 

...1330 ... 

. Rejected 

36 

2327. 

...II96... 

.Rejected 

37 

2677. 

...1558 . . . 

.Rejected 

38 

2422. 

.. .II13. . . 

.Accepted 

39 

2467. 

... 1220. .. 

.Do. 

40 

2104. 

.. . 1270 . . . 

.Rejected 

1 34*] 




4i 

2287. 

...I336... 

.Rejected 

42 

2553 - 

... 1 044 ■« * 

.Accepted 

43 

1929. 

.. . I584 . . . 

.Rejected 

44 

2102. 

... I32O . . . 

.Rejected 

45 

2356. 

. . . I I 13 .. . 

.Accepted 

46 

4623. 

... 820... 


47 

2384. 

... IO92. .. 



o 


For Against. 

48 2165_1248_Rejected 

49 2748.... 649... .Accepted 


50 3284.... 371.Do. 

51 2391_1019.Do. 

52 2869_ 714.Do. 

53 3111.... 426.Do. 


54 2168_1368_Rejected 

55 1540.... 1911 .... Rejected 

56 2156_1192_Rejected 

57 1883_1340 .... Rejected 

58 2228.... 1103... .Accepted 


59 2607_912.Do. 

60 3140_499.Do. 

61 2899_450.Do. 

62 3268_ 294.Do. 

63 2540.... 404.Do. 

64 2905-439.Do. 

65 2852_302.Do. 

66 3037_300.Do. 

67 3085_ 205.Do. 

68 2244_907.Do. 

69 2127_ 682.Do. 

70 2499_ 867.Do. 

71 3104_226.Do. 

72 3327- 187.Do. 


’d John Calfe 

Eben f . Thompson 
Wm. Plummer. 


Voted, that Mr. Plummer, Mr. Thompson, Mr. Jere h Smith 
and Mr. P'reeman be a Committee to take under considera¬ 
tion what is necessary to be done by the Convention with 
the Constitution, and the Report of the Committee this day 
made upon the amendments proposed : and report thereon. 

Adjourned to 4 o’clock p. m. Met accordingly. 

The Committee not being ready to report, Convention ad¬ 
journed to 8 o’clock to-morrow morning. 

Saturday, June 2 d , 1792. 

Convention met according to adjournment. 

The Committee to take under consideration what is nec¬ 
essary to be done by the Convention with the Constitution 
and the Report of the Committee this day made upon the 
amendments proposed ;—Reported in the following words, 
(viz.) % 

“Your Committee have carefully compared the several articles of 
amendments that are approved of by the people with the Constitution, 
and it appears that under the head Senate, the people have directed the 






























JOURNAL OF CONVENTION. 


143 


Senate to elect their own President, and authorized him to fill the chair 
of Governor when vacant, but when he exercises the office of Governor 
he shall not hold the office of President of the Senate : That they have 
made some additions to the Constitution under this head, but have not 
altered the number of Senators or the mode of their election. 

“That under the head of Executive Power, the Stile of the Chief 
[p. 136.] Magistrate is changed from President to Governor; That he 
is not to preside in the Senate, but by the Constitution is to have a vote 
there with any other Senator, and a casting vote in case of a tie. 

“That the paragraphs under the head Council in the Constitution are 
not expunged, yet several paragraphs of the Amendments are approved 
of that seem to recognize the election of Counsellors by the people and 
not by the Legislature ; and that the people by a clause agreed upon in 
the Exclusion bill, have expressly prohibited the members of the Coun¬ 
cil from having a seat in the Legislature. 

“That as to the other Articles of Amendments that are approved of, 
it appears that they are not inconsistent with the Constitution, except 
such parts of it as are thereby repealed : Your Committee therefore sub¬ 
mit it to the consideration of the Convention, whether it is not neces¬ 
sary that some further articles of amendments respecting the Governor 
and Council should be again submitted to the people for their approba¬ 
tion. 

Sign d Wm. Plurier, for the Committee.” 

[p. 137.] Voted That the Convention Resolve themselves 
into a Committee of the whole, to take under consideration 
the Report of the Committee last mentioned. The Hon bl 
Timothy Walker Esq r . in the chair. 

The Committee of the whole, having taken under consider¬ 
ation the Report of the Select Committee, after debate 
thereon came to the following resolution,—(viz.) 

Resolved, that it is the opinion of this Committee that 
amendments to the Constitution be sent out to the people of 
this State for their approbation,—the amendments by the 
returns made to this Convention having been found on ex¬ 
amination to be inconsistent with the Constitution and with 
each other. 

The Committee then rose and the President took the 
chair. Report was then made by the Chairman to the Presi¬ 
dent & Convention of the proceedings of the Committee of 
the whole :—which report was received and accepted. 

Motion was then made to appoint a Committee for the 
purpose of draughting such amendments as may be judged 
necessary to be sent out to the people ; which motion ob¬ 
tained, and that the s d Com tee consist of seven. The ballots 
[p. 138.] being taken and counted, Mr. Plummer, Mr. Walker, 
Mr. Jere h . Smith, Mr. Atherton, Mr. Thompson, Mr. New¬ 
comb and Mr. Livermore were appointed the Committee. 

Adjourned to Monday next at 10 o’clock, a. m. 


/ 


144 


STATE OF NEW HAMPSHIRE. 


Monday June 4, 1792. 

Convention met according to adjournment. 

The Committee appointed on Saturday last, reported 
(verbally) that a majority of the Committee were of opinion 
that the seeming inconsistency mentioned in the Report of 
the Committee of Saturday last, may be fairly reconciled, 
and therefore requested to be discharged. Motion being 
made and seconded for that purpose, it was put and the 
Committee discharged. 

Motion was then made that such part of the amendments 
as are contained under the head Executive Power, as hereto- 
[p. 139.] fore sent out to the people, be again sent out for 
their acceptance, or rejection, with the alterations of the last 
Wednesday of October to the I st Wednesday of June—which 
motion prevailed. 

Adjourned to 3 o’clock, p. m. Met accordingly. 

Motion was made that such part of the amendments as 
are contained under the head Council, as heretofore sent out 
to the people, with the alterations from the last Wednesday 
of October to the first Wednesday of June, and adding to 
what was then N°. forty-two, the following words: “ And the 
qualifications for Counsellors shall be the same as for Sena¬ 
tors : ” and in the forty-fifth Number, the words, “be thus 
chosen a counsellor” to follow the word “person,” be 
added, and the numbers forty-three and forty-four left out as 
rejected by the people—which motion prevailed. 

Resolved, That a Committee be chosen to consider what 
further amendments to the Constitution are necessary to be 
sent out to the people. The Committee appointed are, Mr. 
Page (Charlestown) Mr. Hoit, & Mr. Livermore of Ports¬ 
mouth, and that they prepare an address to accompany the 
amendments.* 

Adjourned to 7 o’clock to-morrow morning. 

[p. 140.] Tuesday, June 5 th 1792. 

Convention met according to adjournment. 

The Committee appointed to consider what further amend¬ 
ments are necessary to be sent out to the people, reported 
in the following words : 

“The Committee to whom was referred to consider what further 
amendments to the Constitution are necessary to be sent to the People, 
&c. Report the following Articles, viz. 


*The editor has searched in vain for an address as ordered to be sent out to the people. 





JOURNAL OF CONVENTION. 


145 


[P. 142.] SENATE. 

The Senate shall consist of twelve members, who shall hold their 
office for one year, from the first Wednesday of June next ensuing 
their electioA. 

[p* 1 43 0 And that the State may be equally represented in the Senate, 
the Legislature shall, from time to time, divide the State into twelve 
districts, as nearly equal as may be without dividing towns and unin¬ 
corporated places ; and in making this division, they shall govern them¬ 
selves by the proportion of direct taxes paid by the said districts, and 
timely make known to the inhabitants of the State the limits of each 
district. 

The freeholders and other inhabitants of each district, qualified as in 
this Constitution is provided, shall annually give in their votes for a 
Senator, at some meeting holden in the month of March. 

The Senate shall be the first branch of the Legislature; and the Sen¬ 
ators shall be chosen in the following manner, viz. Every male inhabi¬ 
tant, of each town, and parish with town privileges, and places unincor¬ 
porated, in this State, of twenty-one years of age and upwards, excepting 
paupers, and persons excused from paying taxes at their own request, 
shall have a right, at the annual or other meetings of the inhabitants of 
said towns and parishes, to be duly warned and holden annually forever 
in the month of March, to vote in the town or parish wherein he dwells, 
for the Senator in the district whereof he is a member. 

[p. 144.] Provided nevertheless , That no person shall be capable of 
being elected a Senator, who is not of the Protestant religion, and seized 
of a freehold estate, in his own right, of the value of two hundred pounds, 
lying within this State, who is not of the age of thirty years, and who 
shall not have been an inhabitant of this State for seven years immedi¬ 
ately preceding his election, and at the time thereof he shall be an 
inhabitant of the district for which he shall be chosen. 

And every person, qualified as the Constitution provides, shall be 
considered an inhabitant for the purpose of electing and being elected 
into any office or place within this State, in the town, parish, and plan¬ 
tation, where he dwelleth and hath his home. 

And the inhabitants of plantations and places unincorporated, quali¬ 
fied as this Constitution provides, who are or shall be required to assess 
taxes upon themselves towards the support of government, or shall be 
taxed therefor, shall have the same privilege of voting for Senators, in 
the plantations and places wherein they reside, as the inhabitants of the 
respective towns and parishes aforesaid have. And the meetings of such 
plantations and places for that purpose, shall be holden annually in the 
[p. 145.] month of March, at such places respectively therein as the as¬ 
sessors thereof shall direct; which assessors shall have like authority 
for notifying the electors, collecting and returning the votes, as the 
Selectmen and Town Clerks have in their several towns by this Consti+ 
tution. 

The meetings for the choice of Governor, Council, and Senators, 
shall be warned by warrant from the Selectmen, and governed by a Mod¬ 
erator, who shall, in the presence of the Selectmen, (whose duty it shall 
be to attend) in open meeting, receive the votes of all the inhabitants of 
such towns and parishes present, and qualified to vote for Senators ; and 
shall, in said meetings, in presence of the said Selectmen and of the Town 
Clerk, in said meeting, sort and count the said votes, and make a public 
10 


146 


STATE OF NEW HAMPSHIRE. 


declaration thereof, with the name of every person voted for, and the 
number of votes for each person: And the Town Clerk shall make a 
fair record of the same at large, in the town book, and shall make out a 
fair attested copy thereof, to be by him sealed up and directed to the 
Secretary of the State, with a superscription expressing the purport 
thereof: And the said Town Clerk shall cause such attested copy to be 
delivered to the sheriff of the county in which such town or parish 
[p. 146.] shall lie, thirty days at least before the first Wednesday of June ; 
or to the Secretary of the State at least twenty days before the first 
Wednesday of June: And the Sheriff of each county, or his Deputy, 
shall deliver all such certificates by him received, into the Secretary’s 
office, at least twenty days before the first Wednesday of June. 

And, that there may be a due meeting of Senators on the first 
Wednesday of June annually, the Governor and a majority of the 
Council for the time being, shall, as soon as may be, examine the re¬ 
turned copies of such records, and fourteen days before the said first 
Wednesday of June, he shall issue his summons to such persons as 
appear to be chosen Senators, by a majority of votes, to attend and take 
their seats on that day. 

Provided nevertheless , That for the first year the said returned copies 
shall be examined by the President, and a majority of the Council then 
in office; and the said President shall, in like manner, notify the per¬ 
sons elected, to attend and take their seats accordingly. 

And in case there shall not appear to be a Senator elected, by a ma¬ 
jority of votes, for any district, the deficiency shall be supplied in the 
[p. 147.] following manner, viz. The members of the House of Repre¬ 
sentatives, and such Senators as shall be declared elected, shall take 
the names of the two persons having the highest number of votes in 
the district, and out of them shall elect, by joint ballot, the Senator 
wanted for such district; and in this manner all such vacancies shall 
be filled up, in every district of the State; and in like manner all va¬ 
cancies in the Senate, arising by death, removal out of the State, or 
otherwise, shall be supplied, as soon as may be after such vacancies 
happen. 

The Senate shall be final judges of the elections, returns, and qualifi¬ 
cations, of their own members, as pointed out in this Constitution. 

The Senate shall have power to adjourn themselves, provided such 
adjournment do not exceed two days at a time. 

Provided nevertheless, That whenever they shall sit on the trial of 
any impeachment, they may adjourn to such time and place as they 
may think proper, although the Legislature be not assembled on such 
day, or at such place. 

The Senate shall appoint their President, and other officers, and deter¬ 
mine their own rules of proceedings : And not less than seven members of 
[p. 148.] the Senate shall make a quorum for doing business ; and when 
less than eight Senators shall be present, the assent of five, at least, shall 
be necessary, to render their acts and proceedings valid. 

The Senate shall be a Court, with full power and authority to hear, try, 
and determine, all impeachments made by the House of Representatives 
against any officer or officers of the State, for bribery, corruption, mal¬ 
practice, or mal-administration, in office, with full power to issue sum¬ 
mons or compulsory process, for convening witnesses before them : But 
previous to the trial of any such impeachment, the members of the 


JOURNAL OF CONVENTION. 


147 


Senate shall respectively be sworn truly and impartially to try and de¬ 
termine the charge in question, according to evidence. And every 
officer, impeached for bribery, corruption, mal-practice, or mal-admin- 
istration, in office, shall be served with an attested copy of the im¬ 
peachment, and order of Senate thereon, with such citation as the 
Senate may direct, setting forth the time and place of their sitting to 
try the impeachment; which service shall be made by the sheriff, or 
such other sworn officer as the Senate may appoint, at least fourteen 
[p. 149.] days previous to the time of trial; and such citation being duly 
served and returned, the Senate may proceed in the hearing of the 
impeachment, giving the person impeached, if he shall appear, full 
liberty of producing witnesses and proofs, and of making his defence, 
by himself and counsel; and may also, upon his refusing or neglect¬ 
ing to appear, hear the proofs in support of the impeachment, and render 
judgment thereon, his non-appearance notwithstanding; and such judg¬ 
ment shall have the same force and effect as if the person impeached had 
appeared and pleaded in the trial. Their judgment, however, shall not 
extend further than removal from office, disqualification to hold or enjoy 
any place of honor, trust, or profit under this State; but the party so 
convicted, shall nevertheless be liable to indictment, trial, judgment, and 
punishment, according to the laws of the land. 

Whenever the Governor shall be impeached, the Chief Justice of 
the Supreme Judicial Court shall, during the trial, preside in the Senate, 
but have no vote therein. 

[p. 151.] The Committee find that the following articles of amend¬ 
ments being approved by the people, are so unconnected with other ar¬ 
ticles that there is no necessity for again submitting them to the people 
[p. 152.] to be voted upon, viz. 

The 2, 3, 4, 6, 7, 9, 10, 26, 27, 28, 39, 49, 50, 51, 52, 53, 58, 59, 60, 
61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72. 

The Committee are of opinion that the Articles last mentioned be 
printed, that the People may be informed what is already ratified, and 
that the amendments now to be sent out be printed with the following 
Certificate at the end, viz. 

I-town clerk of-do certify that at a legal 

meeting duly warned and held in the town of-in the county 

of-this-day of-Anno Domini, 1792, for the pur¬ 

pose of considering the foregoing amendments to the Constitution of 
the State of New Hampshire, as agreed upon in Convention, that there 

[p. 153] were-voters present who voted for the amendments and- 

voters present who voted against the amendments. 

Attest, -Town Clerk. 

The Committee are further of opinion that the following Resolve be 
printed with the amendments to be sent out, viz. 

In Convention held at Concord the last Wednesday of May 1792, by 
adjournment: 

Whereas upon examining the returns from the several Towns & unin¬ 
corporated places, it appears that under the heads Senate, Governor & 
Council many articles are approved by two thirds of the voters, and 
many are not approved; by reason whereof said amendments are ren- 
[p. 154.] dered inconsistant & contradictory, and the Convention not 













148 


STATE OF NEW HAMPSHIRE. 


having the power to reject what lias been approved by the People as 
aforesaid :— 

Therefore Resolved, that Articles be again sent out to be laid before 
the several towns and unincorporated places, on the 27 th day of August 
next, that the whole may be approved or rejected ; and that return 
thereof be made to the Convention on the 5 th day of Sept, next, and 
that the articles which have been already approved by more than two 
thirds of the voters, and not inconsistant or contradictory, be printed, 
that it may be known what articles have been ratified by the People ; 
and 

Whereas, if the articles now sent out are not approved by two thirds 
[p. 155.] of the qualified voters, the last clause in the exclusion bill, 
which is in the words following,—“No member of the Council shall 
have a seat in the Senate or House of Representatives,” will be repug¬ 
nant to other parts of the Constitution :—Therefore 

Resolved, That an article be sent out for expunging said clause. 

The Committee also report an Article for expunging part of the ex¬ 
clusion bill, which is as follows, viz. 

The last clause in the exclusion bill which is in the words following, 
viz. “ No member of the Council shall have a seat in the Senate or 
House of Representatives,” shall be expunged. 

[p. 156.] All which is respectfully submitted, by 

Wm. Page, 
for the Committee. 


Which report was read and considered, Rec d and accepted. 

Resolved that a committee be appointed to report to the 
Convention, that part of the amendments to be sent out to 
the people, under the head Executive, agreeably to the 
votes of the Convention. 


The Committee, Mr. Plummer, Mr. Smith of Peterboro’ 
and Mr. Livermore of Portsmouth. 


The above named Committee reported in the following 
words: 


EXECUTIVE POWER. 

GOVERNOR. 

There shall be a Supreme Executive Magistrate, who shall be stiled 
the Governor of the State of New Hampshire, and whose title 
shall be his Excellency. 

[p. 158.] The Governor shall be chosen annually, in the month of 
March ; and the votes for Governor shall be received, sorted, counted, 
certified, and returned, in the same manner as the votes for Senators; 
and the Secretary shall lay the same before the Senate and House of 
Representatives, on the first Wednesday of June, to be by them ex¬ 
amined ; and in case of an election by a majority of votes through 
the State, the choice shall be by them declared and published. 

And the qualifications of electors of the Governor shall be the same 
[p. 159.] as those for Senators; and if no person shall have a majority 
of votes, the Senate and House of Representatives shall, by joint ballot, 


JOURNAL OF CONVENTION. 149 

elect one of the two persons having the highest number of votes, who 
shall be declared Governor. 

And no person shall be eligible to this office, unless, at the time of 
his election, he shall have been an inhabitant of this State for seven 
years next preceding, and unless he shall be of the age of thirty years, 
and unless he shall, at the same time, have an estate of the value of 
five hundred pounds, one half of which shall consist of a freehold, in 
his own right within this State, and unless he shall be of the Protestant 
religion. 

In cases of disagreement between the two houses, with regard to the 
time or place of adjournment or prorogation, the Governor, with advice 
of Council, shall have a right to adjourn or prorogue the General Court, 
not exceeding ninety days at any one time, as he may determine the 
public good may require, and he shall dissolve the same seven days 
before the said first Wednesday of June. 

And in case of any infectious distemper prevailing in the place where 
[p. 160.] the said Court at any time is to convene, or any other cause, 
whereby dangers may arise to the health or lives of the members from 
their attendance, the Governor may direct the session to be holden at 
some other the most convenient place within the State. 

Every bill which shall have passed both Houses of the General 
Court, shall, before it become a law. be presented to the Governor, if 
he approve, he shall sign it, but if not, he shall return it, with his ob¬ 
jections, to that house in which it shall have originated, who shall enter 
the objections at large on their Journal, and proceed to reconsider it; 
if, after such reconsideration,, two thirds of that House shall agree to 
pass the bill, it shall be sent, together with such objections, to the other 
House, by which it shall likewise be reconsidered, and if approved by 
two thirds of that House, it shall become a law. But in all such cases 
the votes of both Houses shall be determined by yeas and nays, and 
the names of the persons, voting for or against the bill, shall be entered 
on the Journal of each house respectively. If any bill shall not be re¬ 
turned by the Governor, within five days (Sundays excepted) after it 
shall have been presented to him, the same shall be a law, in like man¬ 
ner as if he had signed it, unless the Legislature, by their adjournment, 
[p. 161.] prevent its return, in which case it shall not be a law. 

Every resolve shall be presented to the Governor, and, before the same 
shall take effect, shall be approved by him, or being disapproved by 
him, shall be repassed by the Senate and House of Representatives, 
according to the rules and limitations prescribed in the case of a bill. 

All judicial officers, the Attorney General, Solicitors, all Sheriffs, 
Coroners, Registers of Probate, and all officers of the navy, and general 
and field officers of the militia, shall be nominated and appointed by the 
Governor and Council; and every such nomination shall be made at least 
three days prior to such appointment; and no appointment shall take 
place, unless a majority of the Council agree thereto. The Governor and 
Council shall have a negative on each other, both in the nominations and 
appointments. Every nomination and appointment shall be signed by 
the Governor and Council, and every negative shall be also signed by the 
Governor or Council who made the same. 

The Captains and Subalterns, in the respective regiments, shall be 
nominated and recommended by the field officers, to the Governor, 
who is to issue their commissions immediately on receipt of such 
recommendation. 


STATE OF NEW HAMPSHIRE. 


150 

[p. 162.] Whenever the chair of the Governor shall become vacant, 
by reason of his death, absence from the State, or otherwise, the Presi¬ 
dent of the Senate shall, during such vacancy, have and exercise all 
the powers and authorities, which by this Constitution, the Governor is 
vested with, when personally present; but when the President of the 
Senate shall exercise the office of Governor, he shall not hold his office 
in the Senate. 

The Governor, with advice of Council, shall have full power and au¬ 
thority, in the recess of the General Court, to prorogue the same from 
time "to time, not exceeding ninety days, in any one recess of said 
Court; and during the session of said Court, to adjourn or prorogue it 
to any time the two Houses may desire, and to call it together sooner 
than the time to which it may be adjourned, or prorogued, if the wel¬ 
fare of the State should require the same. 

The Governor of this State for the time being shall be commander 
in chief of the army and navy, and all the military forces of the State, 
by sea and land: and shall have full power by himself, or by any chief 
commander, or other officer, or officers, from time to time, to train, 
[p. 163.] instruct, exercise and govern the militia and navy; and for 
the special defence and safety of this State, to assemble in martial 
array, and put in warlike posture, the inhabitants thereof, and to lead 
and conduct them, and with them to encounter, expulse, repel, resist 
and pursue by force of arms, as well by sea as by land, within and with¬ 
out the limits of this State; and also to kill, slay, destroy, if necessary, 
and conquer by all fitting ways, enterprize and means, all and every 
such person and persons as shall, at any time hereafter, in a hostile 
manner, attempt or enterprize the destruction, invasion, detriment or 
annoyance of this State; and to use and exercise over the army and 
navy, and over the militia in actual service, the law-martial in time of 
war, invasion, and also in rebellion, declared by the Legislature to 
exist, as occasion shall necessarily require : And surprize, by all ways 
and means whatsoever, all and every such person or persons, with their 
ships, arms, ammunition, and other goods, as shall in a hostile manner 
invade, or attempt the invading, conquering, or annoying this State: 
And in fine, the Governor hereby is entrusted with all other powers 
incident to the office of Captain-General and Commander in Chief, and 
Admiral, to be exercised agreeably to the rules and regulations of the 
[p. 164.] Constitution, and the laws of the land: Provided, that the 
Governor shall not, at any time hereafter, by virtue of any power by 
this Constitution granted, or hereafter to be granted to him by the 
Legislature, transport any of the inhabitants of this State, or oblige them 
to march out of the limits of the same, without their free and volun¬ 
tary consent, or the consent of the General Court, nor grant commis¬ 
sions for exercising the law martial in any case, without the advice and 
consent of the Council. 

The power of pardoning offences, except such as persons may be 
convicted of before the Senate, by impeachment of the House, shall 
be in the Governor, by and with the advice of the Council: But no 
charter of pardon granted by the Governor, with advice of Council, be¬ 
fore conviction, shall avail the party pleading the same, notwithstand¬ 
ing any general or particular expressions contained therein, descriptive 
of the offence or offences intended to be pardoned. 

No officer duly commissioned to command in the militia shall be re- 


JOURNAL OF CONVENTION. 


151 

moved from his office, but by the address of both Houses to the Gov- 
[p. 165.] ernor, or by fair trial in court-martial, pursuant to the laws of 
the State for the time beino:. 

The commanding officers of the regiments shall appoint their Adju¬ 
tants and Quarter-Masters; the Brigadiers, their Brigade-Majors ; the 
Major-Generals, their Aids ; the Captains and Subalterns, their non¬ 
commissioned officers. 

The Governor and Council shall appoint all officers of the continental 
army, whom, by the confederation of the United States, it is provided 
that this State shall appoint; as also all officers of forts and garrisons. 

The division of the militia into brigades, regiments, and companies, 
made in pursuance of the militia laws now in force, shall be considered 
as the proper division of the militia of this State, until the same shall 
be altered by some future law. 

No monies shall be issued out of the treasury of this State, and dis¬ 
posed of, (except such sums as may be appropriated for the redemption 
of bills of credit, or Treasurer’s notes, or for the payment of interest 
arising thereon) but by warrant under the hand of the Governor for the 
time being, by and with the advice and consent of the Council, for the 
necessary support and defence of this State, and for the necessary pro- 
[p. 166.] tection and preservation of the inhabitants thereof, agreeably 
to the acts and resolves of the General Court. 

All public boards, the Commissary-General, all superintending officers 
of public magazines and stores, belonging to this State, and all com¬ 
manding officers of forts and garrisons within the same, shall, once in 
every three months, officially, and without requisition, and at other 
times when required by the Governor, deliver to him an account of all 
goods, stores, provisions, ammunition, cannon, with their appendages, 
and small arms, with their accoutrements, and of all other public prop¬ 
erty under their care respectively; distinguishing the quantity and kind 
of each, as particularly as may be ; together with the condition of such 
forts and garrisons : And the commanding officer shall exhibit to the 
Governor, when required by him, true and exact plans of such forts, 
and of the land and sea, or harbor or harbors adjacent. 

The Governor and Council shall be compensated for their services, 
from time to time, by such grants as the General Court shall think rea¬ 
sonable. 

Permanent and honorable salaries shall be established by law, for the 
Justices of the Superior Court. 

Wm. Plumer 

for the Committee. 

Which report being read and considered, Voted that it be 
received & accepted. 

[p. 167.] Voted, that when the foregoing amendments shall 
become a part of the Constitution of this State, the several 
paragraphs now in the Constitution established 31 st of Octo¬ 
ber 1783, under the several heads, Senate, Executive 
Power or President, and under the head Council, be con¬ 
sidered as no longer in force. 

Voted, That when the Convention adjourns, that it be to 


152 


STATE OF NEW HAMPSHIRE. 


meet again at Concord on the first Wednesday in Septem¬ 
ber next. 

Voted That Mr. Walker, Mr. Tinnev & Mr. Calfe be a 
Committee to procure 500 copies of the Amendments 
agreed on by the Convention, to be sent to the people. 

Voted, That the Secretary be desired to make out a copy 
of the articles and resolves agreed on to be sent out to the 
people as soon as may be, and employ some person to carry 
the same to the President for his signature, and to return 
the same to the Committee appointed to get the articles 
printed. 

Adjourned to the first Wednesday in September next, 
then to meet at Concord, at 10 o’clock, a. m. 


[Note. —Agreeably to the abovesaid votes, the foregoing articles 
(taken from printed copy) were sent out to the people, in form as fol¬ 
lows.] 

Articles in addition to and amendment of the Con¬ 
stitution of the State of New Hampshire, agreed 
to by the Convention of said State, & submitted 

TO THE PEOPLE THEREOF FOR THEIR APPROBATION. 


In Convention held at Concord, the last Wednesday of May , 1792, 
by adjournment. 


Whereas ufion examining the returns from the several towns and un¬ 
incorporated places , it appears that under the heads senate, gov¬ 
ernor and council, many articles are approved by two thirds of the 
voters • and ma?iy are not approved, by reason whereof said amend¬ 
ments are rendered inconsistant , and contradictory: And the con¬ 
vention not having the power to reject what has been approved by 
the people as aforesaid , 

THEREFORE resolved , That articles be 
again sent out to be laid before the several towns and unincorporated 
places, on the twenty-seventh day of August next, that the whole may 
be approved or rejected ; and that return thereof be made to the con¬ 
vention on the fifth day of Septe 7 nber next. And that the articles 
which have been already approved by more than two thirds of the 
voters, and not inconsistant or contradictory, be printed, that it may be 
known what articles have been ratified by the people. 





JOURNAL OF CONVENTION. 


153 


And whereas, if the articles now sent out are not approved by two 
thirds of the qualified voters, the last clause in the exclusion bill, which 
is in the following words, “No member of the council shall have a 
seat in the senate or house of representatives, 11 will be repugnant to 
other parts of the constitution —Therefore resolved , That an article be 
sent out for expunging said clause. 

ARTICLE. 

“ No member of the council shall have a seat in the senate or house 
of representatives 11 shall be expunged. 

SENATE. 

The senate shall consist of twelve members, who shall hold their 
office for one year from the first Wednesday of June next ensuing 
their election. 

And that the State may be equally represented in the senate, the leg¬ 
islature shall, from time to time, divide the state into twelve districts, 
as nearly equal as may be without dividing towns and unincorporated 
places ; and in making this division, they shall govern themselves by 
the proportion of direct taxes paid by the said districts, and timely make 
known to the inhabitants of the state the limits of each district. 

The freeholders and other inhabitants of each district, qualified as in 
this constitution is provided, shall annually give in their votes for a 
senator, at some meeting hoiden in the month of March. 

The senate shall be the first branch of the legislature; and the sen¬ 
ators shall be chosen in the following manner, viz. Every male inhabi¬ 
tant of each town, and parish with town privileges, and places unin¬ 
corporated, in this state, of twenty-one years of age and upwards, ex¬ 
cepting paupers, and persons excused from paying taxes at their own 
request, shall have a right, at the annual or other meetings of the in¬ 
habitants of said towns and parishes, to be duly warned and hoiden an¬ 
nually forever in the month of March, to vote in the town or parish 
wherein he dwells, for the senator in the district whereof he is a mem¬ 
ber. 

Provided nevertheless , That no person shall be capable of being 
elected a senator, who is not of the Protestant religion , and seized of a 
freehold estate, in his own right, of the value of two hundred pounds, 
lying within this state, who is not of the age of thirty years, and who 
shall not have been an inhabitant of this state for seven years imme¬ 
diately preceding his election, and at the time thereof he shall be an 
inhabitant of the district for which he shall be chosen. 

And every person, qualified as the constitution provides, shall be 
considered an inhabitant for the purpose of electing and being elected 
into any office or place within this state, in the town, parish, and plan¬ 
tation, where he dwelleth and hath his home. 

And the inhabitants of plantations and places unincorporated, quali¬ 
fied as this constitution provides, who are or shall be required to assess 
taxes upon themselves towards the support of government, or shall be 
taxed therefor, shall have the same privilege of voting for senators, in 
the plantations and places wherein they reside, as the inhabitants of 
the respective towns and parishes aforesaid have. And the meetings of 
such plantations and places for that purpose, shall be hoiden annually 


154 


STATE OF NEW HAMPSHIRE. 


in the month of March, at such places respectively therein as the asses¬ 
sors thereof shall direct; which assessors shall have like authority for 
notifying the electors, collecting and returning the votes, as the select¬ 
men and town clerks have in their several towns by this constitution. 

The meetings for the choice of governor, council, and senators, 
shall be warned by warrant from the selectmen, and governed by a 
moderator, who shall, in the presence of the selectmen, (whose duty 
it shall be to attend) in open meeting, receive the votes of all the 
inhabitants of such towns and parishes present, and qualified to vote 
for senators; and shall, in said meetings, in presence of the said se¬ 
lectmen, and of the town clerk, in said meeting, sort and count the 
said votes, and make a public declaration thereof, with the name of 
every person voted for, and the number of votes for each person; And 
the town clerk shall make a fair record of the same at large, in the 
town book, and shall make out a fair attested copy thereof, to be by 
him sealed up and directed to the secretary of the state, with a super¬ 
scription expressing the purport thereof: And the said town clerk 
shall cause such attested copy to be delivered to the sheriff of the 
county in which such town or parish shall lie, thirty days at least before 
the first Wednesday of June ; or to the secretary of the state at least 
twenty days before the said first Wednesday of June : And the sheriff 
of each county, or his deputy, shall deliver all such certificates by him 
received, into the secretary’s office, at least twenty days before the first 
Wednesday of June. 

And that there maybe a due meeting of senators on the first Wednes¬ 
day of June annually, the governor, and a majority of the council for 
the time being, shall, as soon as may be, examine the returned copies 
of such records, and fourteen days before the first Wednesday of June, 
he shall issue his summons to such persons as appear to be chosen sena¬ 
tors, by a majority of votes, to attend and take their seats on that day. 

Provided nevertheless , That for the first year the said returned copies 
shall be examined by the president, and a majority of the council then 
in office ; and the said president shall, in like manner, notify the per¬ 
sons elected, to attend and take their seats accordingly. 

And in case there shall not appear to be a senator elected, by a ma¬ 
jority of votes, for any district, the deficiency shall be supplied in the 
following manner, viz. The members of the house of representatives, 
and such senators as shall be declared elected, shall take the names of 
the two persons having the highest number of votes in the district, and 
out of them shall elect, by joint ballot, the senator wanted for such 
district; and in this manner all such vacancies shall be filled up, in 
every district of the state; and in like manner all vacancies in the sen¬ 
ate, arising by death, removal out of the state, or otherwise, shall be 
supplied, as soon as may be after such vacancies happen. 

The senate shall be final judges of the elections, returns, and qual¬ 
ifications, of their own members, as pointed out in this constitution. 

The senate shall have power to adjourn themselves, provided such 
adjournment do not exceed two days at a time. 

Provided nevertheless , That whenever they shall sit on the trial of 
any impeachment, they may adjourn to such time and place as they 
may think proper, although the legislature be not assembled on such 
day, or at such place. 

Ti-ie senate shall appoint their president, and other officers, and de¬ 
termine their own rules of proceedings : And not less than seven mem- 


JOURNAL OF CONVENTION. 


155 


bers of the senate shall make a quorum for doing business; and when 
less than eight senators shall be present, the assent of five, at least, 
shall be necessary, to render their acts and proceedings valid. 

The senate shall be a court, with full power and authority to hear, 
try, and determine, all impeachments made by the house of represen¬ 
tatives against any officer or officers of the state, for bribery, corrup¬ 
tion, mal-practice, or mal-administration, in office; with full power to 
issue summons, or compulsory process, for convening witnesses before 
them : But previous to the trial of any such impeachment, the members 
of the senate shall respectively be sworn truly and impartially to try 
and determine the charge in question, according to evidence. And 
every officer, impeached for bribery, corruption, mal-practice, or mal¬ 
administration, in office, shall be served with an attested copy of the 
impeachment, and order of senate thereon, with such citation as the 
senate may direct, setting forth the time and place of their setting to try 
the impeachment; which service shall be made by the sheriff, or such 
other sworn officer as the senate may appoint, at least fourteen days 
previous to the time of trial; and such citation being duly served and 
returned, the senate may proceed in the hearing of the impeachment, 
giving the person impeached, if he shall appear, full liberty of pro¬ 
ducing witnesses and proofs, and of making his defence, by himself 
and counsel, & may also, upon his refusing or neglecting to appear 
hear the proofs in support of the impeachment, and render judgment 
thereon, his non-appearance notwithstanding; and such judgment shall 
have the same force and effect as if the person impeached had appeared 
and pleaded in the trial. Their judgment, however, shall not extend 
further than removal from office, disqualification to hold or enjoy any 
place of honor, trust, or profit, under this state; but the party, so con¬ 
victed, shall nevertheless be liable to indictment, trial, judgment, and 
punishment, according to the laws of the land. 

Whenever the Governor shall be impeached, the chief justice of the 
supreme judicial court shall, during the trial, preside in the senate, 
but have no vote therein. 


EXECUTIVE POWER. 

GOVERNOR. 

THERE shall be a Supreme Executive Magistrate, who shall be 
styled the Governor of the State of New Hampshire, and whose title 
shall be His Excellency. 

The Governor shall be chosen annually, in the month of March ; 
and the votes for Governor shall be received, sorted, counted, certified 
and returned, in the same manner as the votes for senators ; and the 
secretary shall lay the same before the senate and house of repre¬ 
sentatives, on the first Wednesday of June, to be by them examined,. & 
in case of an election by a majority of votes thro’ the state, the choice 
shall be by them declared and published. 

And the qualifications of electors of the governor shall be the same 
as those for senators ; and if no person shall have a majority of votes, 
the senate and house of representatives shall, by joint 'ballot, elect 
one of the two persons having the highest number of votes, who shall 
be declared governor. 



156 


STATE OF NEW HAMPSHIRE. 


And no person shall be eligible to this office, unless, at the time of 
his election, he shall have been an inhabitant of this state for seven 
years next preceding, and unless he shall be of the age of thirty years, 
and unless he shall, at the same time have an estate of the value of 
five hundred pounds, one half of which shall consist of a freehold, in 
his own right, within this state, and unless he shall be of the protestant 
religion. 

In cases of disagreement between the two houses, with regard to the 
time or place of adjournment or prorogation, the governor, with advice of 
council, shall have a right to adjourn or prorogue the general court, not 
exceeding ninety days at any one time, as he may determine the public 
good may require, and he shall dissolve the same seven days before 
the said first Wednesday of June. 

And, in case of any infectious distemper prevailing in the place where 
the said court at any time is to convene, or any other cause, whereby 
dangers may arise to the health or lives of the members from their at¬ 
tendance, the governor may direct the session to be holden at some 
other the most convenient place within the state. 

Every bill which shall have passed both houses of the general court, 
shall, before it become a law, be presented to the governor, if he ap¬ 
prove, he shall sign it, but if not, he shall return it, with his objections, 
to that house in which it shall have originated, who shall enter the ob¬ 
jections at large on their journal, and proceed to reconsider it; if, after 
such reconsideration, two thirds of that house shall agree to pass the 
bill, it shall be sent, together with such objections, to the other 
house, by which it shall likewise be reconsidered, and if approved 
by two thirds of that house, it shall become a law. But in all such 
cases the votes of both houses shall be determined by yeas and nays, 
and the names of the persons, voting for or against the bill, shall be en¬ 
tered on the journal of each house respectively. If any bill shall not 
be returned by the governor, within five days (Sundays excepted) after 
it shall have been presented to him, the same shall be a law in like 
manner as if he had signed it, unless the legislature, by their adjourn¬ 
ment, prevent its return, in which case it shall not be a law. 

Every resolve shall be presented to the governor, and, before the 
same shall take effect, shall be approved by him, or being disapproved 
by him, shall be repassed by the senate and house of representatives, 
according to the rules and limitations prescribed in the case of a bill. 

All judicial officers, the attorney-general, solicitors, all sheriffs, coro¬ 
ners, registers of probate, and all officers of the navy, and general and 
field officers of the militia, shall be nominated and appointed by the 
governor and council; and every such nomination shall be made at 
least three days prior to such appointment; and no appointment shall 
take place, unless a majority of the council agree thereto. The gov¬ 
ernor and council shall have a negative on each other, both in the 
nominations and appointments. Every nomination and appointment 
shall be signed by the governor and council, and every negative shall 
be also signed by the governor or council who made the same. 

The captains and subalterns, in the respective regiments, shall be 
nominated and recommended by the field officers to the governor who 
is to issue their commissions immediately on receipt of such recom¬ 
mendation. 

Whenever the chair of the Governor shall become vacant, by reason 
of his death, absence from the state, or otherwise, the president of 


JOURNAL OF CONVENTION. 


157 


the senate shall during such vacancy, have and exercise all the powers 
and authorities which, by this constitution the governor is vested 
with, when personally present; but when the president of the senate 
shall exercise the office of governor, he shall not hold his office in the 
senate. 

The governor, with advice of council, shall have full power and 
authority, in the recess of the general court, to prorogue the same 
from time to time, not exceeding ninety days, in any one recess of 
said court; and during the session of said court, to adjourn or pro¬ 
rogue it to any time the two houses may desire, and to call it together 
sooner than the time to which it may be adjourned, or prorogued, if 
the welfare of the state should require the same. 

The governor of this state for the time being shall be commander in 
chiet ot the army and navy, and all the military forces of the state, by 
sea and land ; and shall have full power by himself, or by any chief com¬ 
mander, or other officer, or officers, from time to time, to train, instruct, 
exercise and govern the militia and navy; and for the special defence 
and safety of this state, to assemble in martial array, and put in warlike 
posture, the inhabitants thereof, and to lead and conduct them, and 
with them to encounter, repulse, repel, resist and pursue by force of 
arms, as well by sea as by land, within and without the limits of this 
state; and also to kill, slay, destroy, if necessary, and conquer by all 
fitting ways, enterprize and means, all and every such person and per¬ 
sons as shall, at any time hereafter, in a hostile manner, attempt or en¬ 
terprize the destruction, invasion, detriment or annoyance of this state ; 
and to use and exercise over the army and navy, and over the militia in 
actual service, the law martial in time of war, invasion, and also in re¬ 
bellion, declared by the legislature to exist, as occasion shall necessa¬ 
rily require : And surprize, by all ways and means whatsoever, all and 
every such person or persons, with their ships, arms, ammunition, and 
other goods, as shall in a hostile manner invade, or attempt the invad¬ 
ing, conquering or annoying this state; and in fine, the governor 
hereby is entrusted with all other powers incident to the office of cap¬ 
tain-general and commander in chief, and admiral, to be exercised 
agreeably to the rules and regulations of the constitution, and the laws 
of the land: Provided, that the Governor shall not, at any time hereaf¬ 
ter, by virtue of any power by this constitution granted, or hereafter to 
be granted to him by the legislature, transport any of the inhabitants 
of this state, or oblige them to march out of the limits of the same, 
without their free and voluntary consent, or the consent of the general 
court, nor grant commissions for exercising the law martial in any case, 
without the advice and consent of the council. 

The power of pardoning offences, except such as persons maybe con¬ 
victed of before the senate, by impeachment of the house, shall be in 
the Governor, by and with the advice of the council: But no charter 
of pardon granted by the Governor, with advice of council, before con¬ 
viction, shall avail the party pleading the same, notwithstanding any 
general or particular expressions contained therein, descriptive of the 
offence or offences intended to be pardoned. 

No officer duly commissioned to command in the militia shall be re¬ 
moved from his office, but by the address of both houses to the Gov¬ 
ernor, or by fair trial in court-martial, pursuant to the laws of the State 
for the time being. 


IS» 


STATE OF NEW HAMPSHIRE. 


The commanding officers of the regiments shall appoint their Adju¬ 
tants and Quarter-masters; the Brigadiers, their Brigade-Majors; the 
Major Generals, their Aids; the Captains and Subalterns, their non¬ 
commissioned officers. 

The Governor and council shall appoint all officers of the continental 
army, whom, by the confederation of the United States, it is provided 
that this State shall appoint; as also all officers of forts and garrisons. 

The division of the militia into brigades, regiments, and companies, 
made in pursuance of the militia laws now in force, shall be considered 
as the proper division of the militia of this state, until the same shall 
be altered by some future law. 

No monies shall be issued out of the treasury of this state, and dis¬ 
posed of, (except such sums as may be appropriated for the redemption 
of bills of credit, or Treasurer’s notes, or for the payment of interest 
arising thereon) but by warrant under the hand of the Governor for 
the time being, by and with the advice and consent of the council, for 
the necessary support and defence of this state, and for the necessary 
protection and preservation of the inhabitants thereof, agreeably to the 
acts and resolves of the General Court. 

All public boards, the commissary-general, all superintending officers 
of public magazines and stores, belonging to this state, and all com¬ 
manding officers of forts and garrisons within the same, shall, once in 
every three months, officially, and without requisition, and at other 
times when required by the Governor, deliver to him an account of all 
goods, stores, provisions, ammunition, cannon, with their appendages 
and all small arms, with their accoutrements, and of all other public 
property under their care respectively; distinguishing the quantity 
and kind of each, as particularly as may be; together with the con¬ 
dition of such forts and garrisons : and the commanding officer shall 
exhibit to the governor, when required by him true and exact plans of 
such forts, and of the land and sea, or harbor or harbors adjacent. 

The Governor and council shall be compensated for their services, 
from time to time, by such grants as the general court shall think 
reasonable. 

Permanent and honorable salaries shall be established by law, for 
the Justices of the Superior Court. 


COUNCIL. 

# THERE shall be annually elected, by ballot, five councillors, for ad¬ 
vising the governor in the executive part of government. The free¬ 
holders and other inhabitants in each county, qualified to vote for sen¬ 
ators, shall some time in the month of March, give in their votes for 
one councillor; which votes shall be received, sorted, counted, certi¬ 
fied, and returned to the secretary’s office, in the same manner as the 
votes for senators, to be by the secretary laid before the senate and 
house of representatives on the first Wednesday of June. 

And the person having a majority of votes in any county, shall be 
considered as duly elected a councillor: But if no person shall have a 
majority of votes in any county, the senate and house of representa¬ 
tives shall take the names of the two persons who have the highest num¬ 
ber of votes in each county, and not elected, and out of those two shall 



JOURNAL OF CONVENTION. 159 

elect by joint ballot, the councillor wanted for such county, and the 
qualifications for councillors shall be the same as for senators. 

If any person thus chosen a councillor, shall be elected governor, or 
member of either branch of the legislature, & shall accept the trust: 
or if any person elected a councillor, shall refuse to accept the office; 
or in case of the death, resignation, or removal of any councillor out 
of the state: the Governor may issue a precept for the election of a 
new councillor in that county where such vacancy shall happen; and 
the choice shall be in the same manner as before directed: And the 
Governor shall have full power and authority to convene the council, 
from time to time, at his discretion; and, with them, or the majority 
of them, may, and shall, from time to time, hold a council, for order¬ 
ing and directing the affairs of the state, according to the laws of the 
land. 

The members of the council may be impeached by the house, and 
tried by the senate, for bribery, corruption, mal-practice, or mal-ad- 
ministration. 

The resolutions and advice of the council shall be recorded by the 
secretary, in a register, and signed by all the members present agree¬ 
ing thereto; and this record may be called for at any time, by either 
house of the legislature; and any member of the council may enter 
his opinion contrary to the resolutions of the majority, with the reasons 
for such opinion. 

The legislature may, if the public good shall hereafter require it, 
divide the state into five districts, as nearly equal as may be, govern¬ 
ing themselves by the number of rateable polls, and proportion of pub¬ 
lic taxes; each district to elect a councillor: And, in case of such 
division, the manner of the choice shall be comformable to the present 
mode of election in counties. 

And whereas the elections, appointed to be made by this constitu¬ 
tion, on the first Wednesday of June annually, by the two houses of 
the legislature, may not be completed on that day, the said elections 
may be adjourned from day to day, until the same be completed: and 
the order of the elections shall be as follows—the vacancies in the sen¬ 
ate, if any, shall be first filled up: The governor shall then be elected, 
provided there shall be no choice of him by the people: And after¬ 
wards, the two houses shall proceed to fill up the vacancy, if any, in 
the council. 

When the foregoing amendments shall become a part of the consti¬ 
tution of this state the several paragraphs now in the constitution, es¬ 
tablished the thirty first day of October 1783, under the several heads, 
Senate, Executive Power, or President; and under the head Council, be 
considered as no longer in force. 

In convention, voted, that the amendments now to be sent out, be 
printed with the following certificate at the end, viz. 

/- town clerk of - do certify , that at a legal 

meeting duly warned and held in the town of - in the county of 

- this - day of - anno domini 1792 , for the purpose of 

co?isidering the foregoing amendments , to the constitution of the state of 

New Ha7npshire, as agreed upoti in convention ; that there were - 

voters present who voted for the amendments, and - voters pres¬ 

ent who voted against the amendments. 

Attest: - Town Clerk. 













i6o 


STATE OF NEW HAMPSHIRE. 


In Convention resolved, that the following articles of amendments 
being approved by the people, are so unconnected with other articles, 
that there is no necessity for again submitting them to the people, to 
be voted upon, viz. The 2. 3. 4. 6. 7. 9. 10. 26. 27. 28. 39. 49. 50. 51. 
52. 53. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. 71. 72. but that 
said articles be printed, that the people may be informed what is al¬ 
ready ratified. 

II. 


That the word assembly, be expunged, and the word legislature in¬ 
serted. 


III. 


That the words “ those of ” be expunged, and the word “ dye ” be 
expunged, and the word “ offences 11 inserted. 


IV. 

Every subject hath a right to be secure from all unreasonable searches 
and seizures of his person, his houses, his papers and all his possessions 
—therefore all warrants to search suspected places, or arrest a person 
for examination, or trial in prosecutions for criminal matters, are con¬ 
trary to this right if the cause or foundation of them be not previously 
supported by oath or affirmation, and if the order in a warrant to a 
civil officer to make search in suspected places, or to arrest one or 
more suspected persons, or to seize their property, be not accompanied 
with a special designation of the persons or objects of search or seiz¬ 
ure ; and no warrant ought to be issued but in case, and with the form¬ 
alities prescribed by law. 

VI. 


The legislature shall assemble for the redress of public grievances 
and for making such laws as the public good may require. 


VII. 

It is essential to the preservation of the rights of every individual, 
his life, liberty, property, and character, that there be an impartial inter¬ 
pretation of the laws and administration of justice. It is the right of 
every citizen to be tried by judges as impartial as the lot of humanity 
will admit, it is therefore not only the best policy, but for the security 
of the rights of the people, that the judges of the supreme judicial 
court should hold their office so long as they behave well; subject how¬ 
ever to such limitations on account of age as may be provided by the 
constitution of the state, and that they should have honorable salaries 
ascertained and established by standing laws. 


IX. 

No member of the general court shall take fees, be of council, or 
act as advocate in any cause before either branch of the legislature, 
and upon due proof thereof, such member shall forfeit his seat in the 
legislature. 

X. 

The doors of the galleries of each house of the legislature, shall be 
kept open to all persons who behave decently, except when the welfare 
of the state in the opinion of either branch shall require secrecy. 


JOURNAL OF CONVENTION. 


161 


XXVI. 

The members of both houses of the legislature shall be compensated 
for their services out of the treasury of the state, by a law made for that 
purpose, such members attending seasonably, and not departing with¬ 
out licence. 

_ All intermediate vacancies in the house of representatives may be 
tilled up from time to time, as the annual elections are made. 

XXVII. 

The house of representatives shall be judge of the returns, elections, 
and qualifications of its members ; as pointed out in this constitution. 

XXVIII. 

The journals of the proceedings, and all public acts of both houses of 
the legislature shall be printed and published immediately after every 
adjournment or prorogation: And upon motion made by any one mem¬ 
ber the yeas and nays upon any question shall be entered on the 
journals; and any member of the senate or house of representatives 
shall have a right on motion made at the time for that purpose to have 
his protest or dissent with the reasons against any vote, resolve or bill 
passed, entered on the journals. 

XXXIX. 

The several paragraphs under the head President in the constitution 
shall be altered by expunging the word President, and inserting the 
word Governor in lieu thereof. 

XLIX. 

The Secretary of the State shall at all times have a deputy to be by 
him appointed, for whose conduct in office he shall be responsible, and 
in case of death, removal or inability of the Secretary, his deputy shall 
exercise all the duties of the office of Secretary of this state, until an¬ 
other shall be appointed. 

L. 

The Secretary before he enters upon the business of his office, shall 
give bond with sufficient sureties in a reasonable sum, for the use of 
the state, for the punctual performance of his trust. 

LI. 

The county treasurer and register of deeds shall be elected by the 
inhabitants of the several towns in the several counties in the state, ac¬ 
cording to the method now practiced, and the laws of the state: pro¬ 
vided nevertheless, the legislature shall have authority to alter the man¬ 
ner of certifying the votes & the mode of electing those officers, but not 
so as to deprive the people of the right they now have of electing them. 

LII. 

And the legislature, on the application of the major part of the in¬ 
habitants of any county, shall have authority to divide the same into 
two districts for registering deeds if to them it shall appear necessary, 
each district to elect a register of deeds. 

11 


STATE OF NEW HAMPSHIRE. 


162 


LIII. 

The county treasurer and register of deeds before they enter upon the 
business of their offices shall be respectively sworn faithfully to dis¬ 
charge the duties thereof, and severally give bond with sufficient sure¬ 
ties in a reasonable sum for the use of the county or district, for the 
punctual performance of their respective trusts. 

LVIII. 

The general court are impowered to give to justices of the peace ju¬ 
risdiction in civil causes where the damages demanded shall not exceed 
four pounds, and title of real estate is not concerned, but with right of 
appeal to either party to some other court, so that a trial by jury in the 
last resort may be had. 


LIX. 

No person shall hold the office of judge of any court, or judge of pro¬ 
bate, or sheriff of any county after he has attained the age of seventy 
years. 

LX. 

No judge of any court, or justice of the peace shall act as attorney, 
or be of counsel to any party, or originate any civil suit in matters which 
shall come or be brought before him as a judge or justice of the peace. 

LXI. 

All matters relating to the probate of wills, and granting of letters 
of administration shall be exercised by the judges of probate in such 
manner as the legislature have directed, or may hereafter direct. And 
the judges of probate shall hold their courts at such place or places on 
such fixed days as the conveniency of the people may require, and the 
legislature from time to time appoint. 

LXI I. 

No judge or register of probate shall be of counsel, act as advocate, 
or receive any fees as advocate or counsel in any probate business which 
is pending or maybe brought into any court of probate in the county of 
which he is judge or register. 

LXIII. 

That the paragraphs under the head of clerks of courts, in the con¬ 
stitution, be expunged, and the following substituted. 

LXIV. 

The judges of the courts, those of the probate excepted, shall ap¬ 
point their respective clerks, to hold their office during pleasure', and 
no such clerk shall act as an attorney or be of counsel in any cause in 
the court of which he is clerk, nor shall he draw any writ originating; a 
civil action. & 

LXV. 

That the paragraphs in the constitution under the head Delegates to 
Congress be expunged. 


JOURNAL OF CONVENTION. 



LX VI. 

The oath of allegiance in the constitution shall be expunged and the 
following substituted in lieu thereof, viz. 

I A. B. do solemnly swear, that I will bear faith and true allegiance 
to the State of New Hampshire, and will support the constitution 
thereof. So help me God. 

LX VII. 

Any person having taken and subscribed the oath of allegiance shall 
not be obliged to take said oath again. 

LX VIII. 

And the oaths or affirmations shall be taken and subscribed by the 
Governor before the President of the senate in presence of both houses 
of the legislature, and by the senators and representatives first elected 
under this constitution as amended and altered, before the President of 
the state, and a majority of the council then in office, and forever 
afterwards before the Governor and council for the time being, and by 
all other officers, before such persons, and in such manner as the legis¬ 
lature shall from time to time appoint. 

LXIX. 

That the fifteenth paragraph in the constitution, under the head 
Oaths, Subscriptions, &c. be expunged and the following substituted in 
lieu thereof. 

LXX. 

No person holding the office of judge of any court (except special 
judges) Secretary, Treasurer of the state, attorney general, commissary 
general, military officers, receiving pay from the Continent or this state 
excepting officers of the militia, occasionally called forth on an emer¬ 
gency, Register of deeds, sheriff or officer of the customs, including 
naval officers, Collectors of excise, and state and continental taxes here¬ 
after appointed and not having settled their accounts with the respec¬ 
tive officers with whom it is their duty to settle such accounts, members 
of Congress, or any person holding an office under the United States, 
shall at the same time hold the office of Governor, or have a seat in 
the senate or house of representatives or council, but his being chosen 
and appointed to and accepting the same shall operate as a resignation 
of his seat in the chair, senate, or house of representatives or council, 
and the place so vacated shall be filled up. No member of the council 
shall have a seat in the senate or of house of representatives. 

LXXI. 

To the end that there may be no failure of justice, or danger to the 
state by the alterations and amendments made in the constitution, the 
general court is hereby fully authorized and directed to fix the time 
when the amendments and alterations shall take effect; and make the 
necessary arrangements accordingly. 

That the last paragraph in the constitution be expunged, and the 
following substituted in lieu thereof, viz. 


164 


STATE OF NEW HAMPSHIRE. 


LXXII. 

It shall be the duty of the selectmen and assessors of the several 
towns and places in this state, in warning the first annual meeting for 
the choice of senators, after the expiration of seven years from the adop¬ 
tion of this constitution, as amended to insert expressly in the warrant, 
this purpose among the others, for the meeting, to wit: to take the sense 
of the qualified voters on the subject of a revision of the constitution. 
And the meeting being warned accordingly and not otherwise, the mod¬ 
erator shall take the sense of the qualified voters present, as to the ne¬ 
cessity of a revision, and a return of the number of votes for, and 
against such necessity, shall be made by the clerk, sealed up and direct¬ 
ed to the general court at their then next session. And if it shall 
appear to the general court by such returns, that the sense of the people 
of the state has been taken and that in the opinion of the majority of 
the qualified voters, in the state present, and voting at said meetings, 
there is a necessity for a revision of the constitution; it shall be the 
duty of the general court to call a convention for that purpose, other¬ 
wise the general court shall direct the sense of the people to be taken, 
and then proceed in the manner before mentioned. 

The delegates to be chosen in the same manner, and proportioned 
as the representatives to the general court; provided, that no altera¬ 
tions shall be made in this constitution, before the same shall be laid 
before the towns and unincorporated places ; and approved by two 
thirds of the qualified voters present, and voting on the subject.—And 
the same method of taking the sense of the people, as to the revision 
of the constitution, and calling a convention for that purpose ; shall be 
observed afterwards at the expiration of every seven years. 

SAMUEL LIVERMORE, President. 

Attest: JOHN CALFE, Secretary. 

[p. 168.] Wednesday, Sept 1 ' 5 th 1792. 

Convention met according to adjournment. 

Voted, That Mr. Newcomb, Mr. Plummer and Mr. Foster 
be a Committee to examine the returns from the several 
Towns and places in this State, and make report thereon. 

Adjourned to 9 o’clock to-morrow morning. 

Thursday, Sept r 6 th , 1792. 

Convention met according to adjournment. 

The Committee appointed to examine the returns from 
the several Towns and places in the State, of the votes for 
and against the amendments to the Constitution, Report, 

That they find the whole number of votes returned to be three thou¬ 
sand and one hundred—of which, two thousand one hundred and twenty 
two are for said Amendments, and nine hundred and seventy eight 
against them ;—by which it appears that said Amendments are accepted 
by more than two thirds of the voters who voted thereon. 

Sign’d Dan 1 . Newcomb, 

for Committee. 

Which report was read & considered, rec a and accepted. 





JOURNAL OF CONVENTION. 


165 


[p. 169.] The returns from the several Towns in this State 
for and against the proposed amendments, were as follows, 
(viz.) 

COUNTY OF ROCKINGHAM. 


Names of Towns. 

Votes 

for. 

Ags’t. 

Names of Towns. 

Votes 

for. 

Ags’t. 

Allenstown, 

Atkinson, 

Bow, 

Brentwood, 

Candia, 

Canterbury, 



Newington, 

New Market, 

New Castle, 

Newtown, 

Northfield, 

North Hampton, 

12 

2 

O 

7 





O 

33 

O 



5 

53 



0 

22 

O 

Chester, 

6 

27 

Northwood, 

18 

3 

Chichester, 


Nottingham, 

41 

0 




Concord, 

12 

64 

Pelham, 

O 

20 

Deerfield, 

East Kingston, 

Epping, v 

l 9 

9 

[p. 170.] Pembroke, 
Plastow, 

Poplin, 

l6 

2 

2 

98 

0 

14 

Epsom, 

3 i 

0 

Portsmouth, 

32 

0 

Exeter, 

Greenland, 

O 

59 

0 

Pittsfield, 

Raymond, 



16 

O 

28 

Hampstead, 

30 

4 

Rye, 

r 9 

2 

Hampton, 

0 

25 

Salem, 

9 

1 

Hawke, 

Hampton-Falls, 



Sandown, 

Seabrook, 

5 

13 

2 

0 

10 

11 

Kensington, 

4 i 

n 

South Hampton, 






Kingstown, 

5 

0 

Stratham, 

1 

33 

Londonderry, 

50 

0 

Windham, 

4 

0 

Loudon, 

*38 

14 





COUNTY OF STRAFFORD. 


Barnstead, 

Barrington, 

11 

3 1 

2 

O 

Middletown, 

[p. 171.] Moultonboro 1 , 

16 

0 

Conway, 

63 

0 

New Durham, 

H 

0 

Dover, 

24 

43 

New Durham Gore, 



Durham, 

29 

0 

New Hampton, 

9 

2 

Eaton, 

18 

2 

Ossippee, 



V fifi n or h 3 m 



Rochester, 

14 

0 

Gilmantown, 

4 i 

0 

Sanbornton, 

30 

0 

Lee, 

10 

1 

Sandwich, 

21 

0 

T Antimic 



Sommersworth, 

14 

1 

LULu 11 UHo } 

c QfTtT' 



HT nm worth. 





Tuftonb oroufrh. 



A* OlcllKj 

TTnorVi ^fprUncr 



Wakefield, 

18 

0 

llUcU J ICl Jill^) 

Mad bury, 



Wolfborough, 



Merrideth, 

25 

1 














































STATE OF NEW HAMPSHIRE 


166 


COUNTY OF HILLSBOROUGH. 


Towns. 


Amherst, 

Andover, 

Antrim, 

Bedford, 

Boscawen, 

Bradford, 

Campbell’s Gore, 

Dearing, 

Derryfield, 

Dunbarton, 

Dunstable, 

Duxbury, 

Fishersfield, 

Francestown, 

Goffstown, 

Hancock, 

Hinnekar, 

Hillsborough, 

Holies, 

Hopkintown, 


Acworth, 

Alstead, 

Charlestown, 

Chesterfield, 

Claremont, 

Cornish, 

Croydon, 

Dublin, 

Fitz William, 
Gilsom, 

Hinsdale, 

Jaffrey, 

[p. 173.] Keene, 

Langdon, 

Lempster, 

Marlborough, 

Marlow, 


For. 

Ags’t. 

Towns. 

For. 

Ags t. 

33 

O 

[p.172.] Keasearge Gore, 




20 

O 


Litchfield, 

Lyndeborough, 

8 

O 

3 i 

I 

34 

O 

Mason, 

Merrimac, 

New Boston, 

30 

0 

34 

O 

26 

2 


New Ipswich, 

49 

I 






New London, 
Nottingham West, 
Peterborough. 

1 

28 



0 

21 






Salisbury, 

A 

8 



*T 

Society Land, 






Sutton, 

Temple, 

39 

O 

O 

61 

11 

2 

W T arner, 

2 

14 

7 

4 

Weare, 

Wilton, 

IO 

I 

7 

5 

37 

0 

16 

0 

Greenfield, 

0 

30 

55 

0 

Sharon, 

0 

22 

0 

22 

Raby, 




- COUNTY OF CHESHIRE. 


19 

21 

0 

0 

New Grantham, 
Newport, 

14 

0 

15 

10 

Packersfield, 

17 

1 

20 

35 

12 

4 

0 

Plainfield, 

Protectworth, 

11 

0 

0 

Richmond, 

Rindge, 

28 

39 

0 

0 

22 

0 

0 

37 

Stoddard, 

Surry, 

Sullivan, 

Swanzey, 

12 

J 9 

32 

3 

0 

2 

4 

20 

Unity, 

0 

7 

90 

0 

Walpole, 

4 i 

0 

16 

0 

6 

11 

Washington, 

Wendall, 

Westmoreland, 

Winchester, 

Goshen, 

11 

l 9 

26 

0 

54 

17 

0 

0 

0 

l 9 


COUNTY OF GRAFTON. 


Alexandria, 

Bath, 

Bridgewater, 

Cambridge, 

Campton, 


0 

17 

0 

17 

0 

20 


Canaan, 

Cardigan [crossed], 
Cockburne, 
Coleburne, 
Coventry, 


14 ' 

0 



























































JOURNAL OF CONVENTION. 


167 


COUNTY OF GRAFTON (Continued). 


Towns. 

For. 

Ags’t. 

Towns. 

For. 

Ags’t. 

Dalton, 

Dartmouth, 

[p. 174.] Dorchester, 
Enfield, 

Franconia, 

Grafton, 

Gunthwait, 

Hanover, 

Haverhill, 

Lancaster, 

Landaff, 

Lebanon, 

Lincoln, 

Littleton, 

Lyman, 



Lyme, 

New Holderness, 
Northumberland, 

Orford, 

Piermont, 

Plymouth, 

Rumney, 

Shelburne, 

Thornton, 

Warren, 

Wentworth, 

Burton, 

Orange, 

New Chester, 

[Total] 

21 

6 

0 

O 





II 

3 





6 

0 

8 

0 

18 

1 

11 

37 

15 

2 







22 

54 

2 

0 

10 

0 

7 

O 





2122 

978 




[p. 175.] Voted That Mr. Newcomb, Mr. Plummer & Mr. 
E. S. Livermore, be a Committee to report to the Conven¬ 
tion a true copy of the Constitution as revised and agreed 
to by the people. 

Adjourned to 3 o’clock, P. M. Met accordingly. 

The Committee appointed to report to the Convention a 
true copy of the Constitution as revised and agreed to by 
the people, reported the following [see p. 169] : 

[p. 239.] Which Report [of a true copy of the Constitu¬ 
tion] being read and considered, was received and accepted ; 
—and the following vote passed. 

[p. 240.] In Convention held at Concord the fifth day of 
September Anno Domini 1792, The returns from the sever¬ 
al Towns and unincorporated places being examined, and it 
appearing that the foregoing Bill of Rights and form of gov¬ 
ernment as amended by the Convention, were approved by 
more than two thirds of the qualified voters present in town 
meetings and voting upon the question;— the same ai'e agreed 
on and established by the Delegates of the people in Conven¬ 
tion , and declared to be the Civil Constitution of the State of 
New Hampshire. 

[p. 241.] Voted That Mr. Walker and Mr. E. S. Livermore 
be a Committee to procure five hundred copies of the Con¬ 
stitution to be printed, and that each member of the Con- 


































168 


STATE OF NEW HAMPSHIRE. 


vention and of the present Legislature, be furnished with a 
copy, and that one copy be sent to each town, and that said 
Committee procure the Constitution to be enrolled on Parch¬ 
ment, to be signed by the President of the Convention and 
Secretary, and transmitted to the Secretary of the State to 
be by him deposited in the Secretary’s office. 

Voted, That the Secretary be directed to certify to his 
Excellency the President of the State, the number of days 
that the Rev. Mr. Evans attended the Convention as chap¬ 
lain, and inform him that it is the desire of Convention that 
he be compensated therefor out of the Treasury of this 
State. 

The Convention then dissolved. 






THE CONSTITUTION OF 

New Hampshire as agreed and amended by a Conven¬ 
tion of Delegates held at Concord in said State, 

AND APPROVED BY THE PEOPLE, AND ESTABLISHED BY 

the Convention on the first Wednesday of Sep¬ 
tember, 1792. 

PART FIRST. 

BILL OF RIGHTS. 

Article I. _A_ll men are born equally free and inde¬ 
pendent ; therefore all government of right originates from 
the people, is founded in consent, and instituted for the gen¬ 
eral good. 

II. All men have certain natural, essential and inherent 
rights—among which are the enjoying and defending life 
and liberty, acquiring, possessing and protecting property ; 
and in a word, of seeking and obtaining happiness. 

III. When men enter into a state of society, they surren¬ 
der up some of their natural rights to that society, in order 
to ensure the protection of others ; and without such an 
equivalent, the surrender is void. 

IV. Among the natural rights, some are in their very na¬ 
ture unalienable; because no equivalent can be given or re¬ 
ceived for them ; of this kind are the rights of conscience . 

V. Every individual has a natural and unalienable right 
to worship God according to the dictates of his own con¬ 
science and reason ; and no subject shall be hurt, molested, 
or restrained, in his person, liberty, or estate, for worship¬ 
ping God in the manner and season most agreeable to the 
dictates of his own conscience, or for his religious profes¬ 
sion, sentiments, or persuasion ; provided he doth not dis¬ 
turb the publick peace, or disturb others in their religious 
worship. 


lyO STATE OF NEW HAMPSHIRE. 

VI. As morality and piety, rightly grounded on evangel¬ 
ical principles, will give the best and greatest security to 
government, and will lay, in the hearts of men, the strong¬ 
est obligations to due subjection ; and as the knowledge of 
these is most likely to be propagated through a society, by 
the institution of the publick worship of the Deity, and of 
publick instruction in morality and religion ; therefore, to 
promote these important purposes, the people of this state 
have a right to empower, and do hereby fully empower the 
legislature, to authorize, from time to time, the several towns, 
parishes, bodies corporate, or religious societies, within this 
state, to make adequate provision, at their own expense, for 
the support and maintenance of publick Protestant teachers 
of piety, religion and morality. . 

Provided notwithstanding , That the several towns, par¬ 
ishes, bodies corporate, or religious societies, shall at all 
times have the exclusive right of electing their own publick 
teachers, and of contracting with them for their support and 
maintenance. And no person of any one particular relig¬ 
ious sect or denomination, shall ever be compelled to pay 
towards the support of the teacher or teachers of another 
persuasion, sect or denomination. 

And every denomination of Christians, demeaning them¬ 
selves quietly, and as good subjects of the state, shall be 
equally under the protection of the law : and no subordina¬ 
tion of any one sect or denomination to another, shall ever 
be established by law. 

And nothing herein shall be understood to affect any for¬ 
mer contracts made for the support of the ministry; but all 
such contracts shall remain, and be in the same state as if 
this constitution had not been made. 

VII. The people of this state have the sole and exclusive 
right of governing themselves as a free, sovereign and inde¬ 
pendent state ; and do, and forever hereafter shall exercise 
and enjoy every power, jurisdiction and right, pertaining 
thereto, which is not, or may not hereafter be by them ex¬ 
pressly delegated to the United States of America in con¬ 
gress assembled. 

VIII. All power residing originally in, and being derived 
from the people, all the magistrates and officers of govern¬ 
ment are their substitutes and agents, and at all times ac¬ 
countable to them. 


JOURNAL OF CONVENTION. 


171 

IX. No office or place whatsoever in government, shall be 
hereditary—the abilities and integrity requisite in all, not 
being transmissible to posterity or relations. 

X. Government being instituted for the common benefit, 
protection and security of the whole community, and not for 
the private interest or emolument of any one man, family, or 
class of men ; therefore, whenever the ends of government 
are perverted, and publick liberty manifestly endangered, 
and all other means of redress are ineffectual, the people 
may and of right ought to reform the old, or establish a new 
government. The doctrine of non-resistance against arbi¬ 
trary power and oppression, is absurd, slavish, and destruc¬ 
tive of the good and happiness of mankind. 

XI. All elections ought to be free, and every inhabitant of 
the state, having the proper qualifications, has equal right 
to elect and be elected into office. 

XII. Every member of the community has a right to be 
protected by it, in the enjoyment of his life, liberty and prop¬ 
erty ; he is therefore bound to contribute his share in the ex¬ 
pense of such protection, and to yield his personal service 
when necessary, or an equivalent. But no part of a man’s 
property shall be taken from him, or applied to publick uses, 
without his own consent, or that of the representative body 
of the people. Nor are the inhabitants of this state control- 
able by any other laws than those to which they, or their 
representative body, have given their consent. 

XIII. No person, who is conscientiously scrupulous about 
the lawfulness of bearing arms, shall be compelled thereto, 
provided he will pay an equivalent. 

XIV. Every subject of this state is entitled to a certain 
remedy, by having recourse to the laws, for all injuries he 
may receive in his person, property, or character; to obtain 
right and justice freely, without being obliged to purchase 
it; completely and without any denial; promptly and with¬ 
out delay, conformably to the laws. 

XV. No subject shall be held to answer for any crime or 
offence, until the same is fully and plainly, substantially and 
formally described to him ; or be compelled to accuse or fur¬ 
nish evidence against himself. And every subject shall 
have a right to produce all proofs that may be favourable to 


172 


STATE OF NEW HAMPSHIRE. 


himself ; to meet the witnesses against him, face to face ; 
and to be fully heard in his defence, by himself and counsel. 
And no subject shall be arrested, imprisoned, despoiled, or 
deprived of his property, immunities, or privileges, put out 
of the protection of the law, exiled or deprived of his life, 
liberty, or estate, but by the judgment of his peers, or the 
law of the land. 

XVI. No subject shall be liable to be tried, after an ac¬ 
quittal, for the same crime or offence. Nor shall the legis¬ 
lature make any law that shall subject any person to a capi¬ 
tal punishment, (excepting for the government of the army 
and navy, and the militia in actual service) without trial by 
jury. 

XVII. In criminal prosecutions, the trial of facts, in the 
vicinity where they happen, is so essential to the security of 
the life, liberty, and estate of the citizen, that no crime or 
offence ought be tried in any other county than that in 
which it is committed; except in cases of general insurrec¬ 
tion in any particular county, when it shall appear to the 
judges of the superior court, that an impartial trial cannot be 
had in the county where the offence may be committed, and 
upon their report, the legislature shall think proper to direct 
the trial in the nearest county in which an impartial trial can 
be obtained. 

XVIII. All penalties ought to be proportioned to the na¬ 
ture of the offence. No wise legislature will affix the same 
punishment to the crimes of theft, forgery and the like, 
which they do to those of murder and treason ; where the 
same undistinguishing severity is exerted against all offences, 
the people are led to forget the real distinction in the 
crimes themselves, and to commit the most flagrant with as 
little compunction as they do the lightest offences : for the 
same reason a multitude of sanguinary laws is both impolitic 
and unjust. The true design of all punishments being to re¬ 
form, not to exterminate mankind. 

XIX. Every subject hath a right to be secure from all 
unreasonable searches and seizures of his person, his houses, 
his papers, and all his possessions. Therefore, all warrants 
to search suspected places, or arrest a person for examina¬ 
tion or trial, in prosecutions for criminal matters, are con¬ 
trary to this right, if the cause or foundation of them be not 




JOURNAL OF CONVENTION. 1 73 

previously supported by oath or affirmation ; and if the order, 
in a warrant to a civil officer, to make search in suspected 
places, or to arrest one or more suspected persons, or to seize 
their property, be not accompanied with a special designa¬ 
tion of the persons or objects of search, arrest, or seizure; 
and no warrant ought to be issued, but in cases, and with 
the formalities, prescribed by law. 

XX. In all controversies concerning property, and in all 
suits between two or more persons, except in cases in which 
it has been heretofore otherwise used and practised, the par¬ 
ties have a right to a trial by jury, and this method of pro¬ 
cedure shall be held sacred, unless, in cases arising on the 
high seas and such as relate to mariners’ wages, the legis¬ 
lature shall think it necessary hereafter to alter it. 

XXI. In order to reap the fullest advantage of the ines¬ 
timable privilege of the trial by jury, great care ought to be 
taken, that none but qualified persons should be appointed 
to serve ; and such ought to be* fully compensated for their 
travel, time and attendance. 

XXII. The Liberty of the Press is essential to the 
security of freedom in a state: it ought therefore to be in¬ 
violably preserved. 

XXIII. Retrospective laws are highly injurious, oppres¬ 
sive and unjust. No such laws therefore should be made, 
either for the decision of civil causes, or the punishment of 
offences. 

XXIV. A well regulated militia is the proper, natural and 
sure defence of a state. 

XXV. Standing armies are dangerous to liberty, and 
ought not to be raised, or kept up without the consent of 
the legislature. 

XXVI. In all cases and at all times, the military ought to 
be under strict subordination to, and governed by, the civil 
power. 

XXVII. No soldier in time of peace, shall be quartered 
in any house, without the consent of the owner ; and in 
time of war, such quarters ought not to be made but by the 
civil magistrate, in a manner ordained by the legislature. 


* Be is omitted in the original. 




174 


STATE OF NEW HAMPSHIRE. 


XXVIII. No subsidy, charge, tax, impost, or duty, shall 
be established, fixed, laid, or levied, under any pretext what¬ 
soever, without the consent of the people, or their represent¬ 
atives in the legislature, or authority derived from that body. 

XXIX. The power of suspending the laws, or the execu¬ 
tion of them, ought never to be exercised but by the legisla¬ 
ture, or by authority derived therefrom, to be exercised in 
such particular cases only as the legislature shall expressly 
provide for. 

XXX. The freedom of deliberation, speech and debate, 
in either house of the legislature, is so essential to the rights 
of the people, that it cannot be the foundation of any action, 
complaint, or prosecution, in any other court or place what¬ 
soever. 

XXXI. The legislature shall assemble for the redress of 
publick grievances, and for making such laws as the publick 
good may require. 

XXXII. The people have aright in an orderly and peace¬ 
able manner, to assemble and consult upon the common 
good, give instructions to their representatives, and to re¬ 
quest of the legislative body, by way of petition or remon¬ 
strance, redress of the wrongs done them, and of the griev¬ 
ances they suffer. 

XXXIII. No magistrate, or court of law, shall demand 
excessive bail or sureties, impose excessive fines, or inflict 
cruel or unusual punishments. 

XXXIV. No person can in any case be subjected to law- 
martial, or to any pains or penalties by virtue of that law, 
except those employed in the army or navy, and except the 
militia in actual service, but by authority of the legislature. 

XXXV. It is essential to the preservation of the rights 
of every individual, his life, liberty, property, and character, 
that there be an impartial interpretation of the laws and ad¬ 
ministration of justice. It is the right of every citizen to be 
tried by judges as impartial as the lot of humanity will admit. 
It is therefore not only the best policy, but for the security 
of the rights of the people, that the judges of the supreme 
judicial court should hold their offices so long as they be¬ 
have well: subject, however, to such limitations on account 
of age, as may be provided by the constitution of the state: 


JOURNAL OF CONVENTION. 175 

and that they should have honorable salaries ascertained and 
established by standing laws. 

XXXVI. Economy being a most essential virtue in all 
states, especially in a young one ; no pension shall be granted, 
but in consideration of actual services ; and such pensions 
ought to be granted with great caution by the legislature, 
and never for more than one year at a time. 

XXXVII. In the government of this state, the three es¬ 
sential powers thereof, to wit, the legislative, executive and 
judicial, ought to be kept as separate from, and independent 
of each other, as the nature of a free government will admit, 
or as is consistent with that chain of connection that binds 
the whole fabric of the constitution in one indissoluble bond 
of union and amity. 

XXXVIII. A frequent recurrence to the fundamental 
principles of the constitution, and a constant adherence to 
justice, moderation, temperance, industry, frugality, and all 
the social virtues, are indispensably necessary to preserve 
the blessings of liberty and good government ; the people 
ought therefore to have a particular regard to all those prin¬ 
ciples in the choice of their officers and representatives : and 
they have a right to require of their law-givers and magis¬ 
trates, an exact and constant observance of them, in the 
formation and execution of the laws necessary for the good 
administration of government. 


PART SECOND. 

FORM OF GOVERNMENT. 

The people inhabiting the territory formerly called the Prov¬ 
ince of New-Hampshire, do hereby solemnly and mutually 
agree with each other, to form themselves into a free, sov¬ 
ereign and independent body-politic, or state, by the name 
of the State of New-Hampshire. 

GENERAL COURT. 

The supreme legislative power, within this state, shall be 
vested in the senate and house of representatives, each of 
which shall have a negative on the other. 



176 


STATE OF NEW HAMPSHIRE. 


The senate and house shall assemble every year on the 
first Wednesday of June, and at such other times as they 
may judge necessary; and shall dissolve, and be dissolved 
seven days next preceding the said first Wednesday of June ; 
and shall be stiled the General Court of New-Hampshire. 

The general court shall forever have full power and author¬ 
ity to erect and constitute judicatories, and courts of record, 
or other courts, to be holden in the name of the state, for the 
hearing, trying and determining all manner of crimes, offen¬ 
ces, pleas, processes, plaints, actions, causes, matters and 
things whatsoever, arising or happening within this state, or 
between or concerning persons inhabiting or residing, or 
brought within the same; whether the same be criminal or 
civil, or whether the crimes be capital, or not capital, and 
whether the said pleas be real, personal, or mixed ; and for 
the awarding and issuing execution thereon. To which 
courts and judicatories, are hereby given and granted, full 
power and authority, from time to time, to administer oaths 
or affirmations, for the better discovery of truth in any mat¬ 
ter in controversy, or depending before them. 

And further, full power and authority are hereby given 
and granted to the said general court, from time to time to 
make, ordain and establish, all manner of wholesome and 
reasonable orders, laws, statutes, ordinances, directions and 
instructions, either with penalties, or without, so as the same 
be not repugnant or contrary to this constitution, as they 
may judge for the benefit and welfare of this state, and for 
the governing and ordering thereof, and of the subjects of 
the same, for the necessary support and defence of the gov¬ 
ernment thereof; and to name and settle annually, or pro¬ 
vide by fixed laws for the naming and settling, all civil officers 
within this state ; such officers excepted, the election and ap¬ 
pointment of whom are hereafter in this form of government 
otherwise provided for ; and to set forth the several duties, 
powers and limits, of the several civil and military officers of 
this state, and the forms of such oaths or affirmations as shall 
be respectively administered unto them, for the execution of 
their several offices and places, so as the same be not repug¬ 
nant or contrary to this constitution ; and also to impose 
fines, mulcts, imprisonments and other punishments ; and to 
impose and levy proportional and reasonable assessments, 
rates and taxes, upon all the inhabitants of, and residents 


JOURNAL OF CONVENTION. 


177 


within, the said state ; and upon all estates within the same ; 
to be issued and disposed of by warrant, under the hand of 
the governor of this state for the time being, with the advice 
and consent of the council, for the public service, in the nec¬ 
essary defence and support of the government of this state, 
and the protection and preservation of the subjects thereof, 
according to such acts as are, or shall be in force within the 
same. 

And while the publick charges of government, or any part 
thereof, shall be assessed on polls and estates in the manner 
that has heretofore been practised ; in order that such as¬ 
sessments may be made with equality, there shall be a valu¬ 
ation of the estates within the state taken anew once in every 
five years at least, and as much oftener as the general court 
shall order. 

No member of the general court shall take fees, be of 
council, or act as advocate, in any cause before either branch 
of the legislature; and upon due proof thereof, such member 
shall forfeit his seat in the legislature. 

The doors of the galleries, of each house of the legislature, 
shall be kept open to all persons who behave decently, ex¬ 
cept when the welfare of the state, in the opinion of either 
branch, shall require secrecy. 

HOUSE OF REPRESENTATIVES. 

There shall be, in the legislature of this state, a represen¬ 
tation of the people, annually elected and founded upon prin¬ 
ciples of equality: and in order that such representation 
may be as equal as circumstances will admit, every town, 
parish, or place entitled to town privileges, having one hun¬ 
dred and fifty rateable male polls, of twenty-one years of age 
and upwards, may elect one representative ; if four hundred 
and fifty rateable polls, may elect two representatives ; and 
so proceeding in that proportion, making three hundred such 
rateable polls the mean increasing number, for every addi¬ 
tional representative. 

Such towns, parishes, or places, as have less than one hun¬ 
dred and fifty rateable polls, shall be classed by the general 
court for the purpose of choosing a representative, and sea¬ 
sonably notified thereof. And in every class, formed for the 
abovementioned purpose, the first annual meeting shall be 

12 



173 


STATE OF NEW HAMPSHIRE. 


held in the town, parish, or place, wherein most of the rate¬ 
able polls reside; and afterwards in that which has the next 
highest number; and so on annually by rotation, through 
the several towns, parishes, or places, forming the district. 

Whenever any town, parish, or place, entitled to town 
privileges as aforesaid, shall not have one hundred and fifty 
rateable polls, and be so situated as to render the classing 
thereof with any other town, parish or place, very inconven¬ 
ient, the general court may, upon application of a majority of 
the voters in such town, parish, or place, issue a writ for their 
electing and sending a representative to the general court. 

The members of the house of representatives shall be 
chosen annually in the month of March, and shall be the 
second branch of the legislature. 

All persons qualified to vote in the election of senators, 
shall be entitled to vote within the district where they dwell, 
in the choice of representatives. Every member of the 
house of representatives shall be chosen by ballot; and for 
two years at least, next preceding his election, shall have 
been an inhabitant of this state; shall have an estate within 
the district which he may be chosen to represent, of the 
value of one hundred pounds, one half of which to be a free¬ 
hold, wherof he is seized in his own right; shall be at the 
time of his election an inhabitant of the town, parish or 
place he may be chosen to represent, shall be of the protes- 
tant religion, and shall cease to represent such town, parish 
or place, immediately on his ceasing to be qualified as afore¬ 
said. 

The members of both houses of the legislature shall be 
compensated for their services out of the treasury of the 
state, by a law made for that purpose ; such members attend¬ 
ing seasonably, and not departing without license. All in¬ 
termediate vacancies in the house of representatives, may be 
filled up from time to time, in the same manner as annual 
elections are made. 

The house of representatives shall be the grand inquest 
of the state ; and all impeachments made by them, shall be 
heard and tried by the senate. 

All money bills shall originate in the house of representa¬ 
tives ; but the senate may propose, or concur with amend¬ 
ments, as on other bills. 


JOURNAL OF CONVENTION. 


179 


The house of representatives shall have power to adjourn 
themselves, but no longer than two days at a time. 

A majority of the members of the house of representa¬ 
tives shall be a quorum for doing business ; but when less 
than two thirds of the representatives elected shall be pres¬ 
ent, the assent of two thirds of those members shall be nec¬ 
essary to render their acts and proceedings valid. 

No member of the house of representatives or senate, 
shall be arrested or held to bail on mean process, during his 
going to, returning from, or attendance upon the court. 

The house of representatives shall choose their own 
speaker, appoint their own officers, and settle the rules of 
proceedings in their own house ; and shall be judge of the 
returns, elections, and qualifications of its members, as 
pointed out in this constitution. They shall have authority 
to punish by imprisonment, every person who shall be guilty 
of disrespect to the house in its presence, by any disorderly 
and contemptuous behaviour, or by threatening or ill treat¬ 
ing any of its members ; or by obstructing its deliberations ; 
every person guilty of a breach of its privileges, in making 
arrest for debt, or by assaulting any member during his 
attendance at any session ; in assaulting or disturbing any 
one of its officers in the execution of any order or procedure 
of the house ; in assaulting any witness or other person, 
ordered to attend, by, and during his attendance upon* the 
house; or in rescuing any person arrested by order of the 
house, knowing them to be such.—The senate, governor and 
council, shall have the same powers in like cases: provided, 
that no imprisonment by either, for any offence, exceed ten 
days. 

The journals of the proceedings, and all publick acts of 
both houses of the legislature, shall be printed and published 
immediately after every adjournment or prorogation ; and 
upon motion made by any one member, the yeas and nays 
upon any question shall be entered upon the journal: And 
any member of the senate or house of representatives, shall 
have a right, on motion made at the time for that purpose, 
to have his protest or dissent, with the reasons, against any 
vote, resolve, or bill passed, entered on the journal. 


*In the original it is attendance 0 /the house. 



i8o 


STATE OF NEW HAMPSHIRE. 


SENATE. 

The senate shall consist of twelve members, who shall 
hold their office for one year from the first Wednesday of 
June next ensuing their election. 

And that the state may be equally represented in the 
senate, the legislature shall, from time to time, divide the 
state into twelve districts, as nearly equal as may be without 
dividing towns and unincorporated places ; and in making 
this division, they shall govern themselves by the proportion 
of direct taxes paid by the said districts, and timely make 
known to the inhabitants of the state the limits of each 
district. 

The freeholders and other inhabitants of each district, 
qualified as in this constitution is provided, shall annually 
give in their votes for a senator, at some meeting holden in 
the month of March. 

The senate shall be the first branch of the legislature ; and 
the senators shall be chosen in the following manner, viz. 
every male inhabitant of each town, and parish with town 
privileges, and places unincorporated, in this state, of twenty- 
one years of age and upwards, excepting paupers, and per¬ 
sons excused from paying taxes at their own request, shall 
have a right at the annual or other meetings of the inhab¬ 
itants of said towns and parishes, to be duly warned and 
holden annually forever in the month of March, to vote in 
the town or parish wherein he dwells, for the senator in the 
district whereof he is a member. 

Provided nevertheless , That no person shall be capable of 
* being elected a senator, who is not of the protestant religion, 
and seized of a freehold estate in his own right, of the value 
of two hundred pounds, lying within this state, who is not of 
the age of thirty years, and who shall not have been an in¬ 
habitant of this state for seven years immediately preceding 
his election, and at the time thereof he shall be an inhabi¬ 
tant of the district for which he shall be chosen. 

And every person, qualified as the constitution provides, 
shall be considered an inhabitant for the purpose of electing 
and being elected into any office or place within this state, 
in the town, parish and plantation, where he dwelleth and 
hath his home. 


t 


JOURNAL OF CONVENTION. 1 8 1 

And the inhabitants of plantations and places unincorpo¬ 
rated, qualified as this constitution provides, who are or shall 
be required to assess taxes upon themselves towards the sup¬ 
port of government, or shall be taxed therefor, shall have the 
same privilege of voting for senators, in the plantations and 
places wherein they reside, as the inhabitants of the respec¬ 
tive towns and parishes aforesaid have. And the meetings 
of such plantations and places for that purpose shall be 
holden annually in the month of March, at such places re¬ 
spectively therein as the assessors thereof shall direct; which 
assessors shall have like authority for notifying the electors, 
collecting and returning the votes, as the selectmen and 
town clerk have in their several towns by this constitution. 

The meeting for the choice of governor, council, and sen¬ 
ators, shall be warned by warrant from the selectmen, and 
governed by a moderator, who shall in the presence of the 
selectmen (whose duty it shall be to attend) in open meeting, 
receive the votes of all the inhabitants of such towns and 
parishes present, and qualified to vote for senators ; and 
shall, in said meetings, in presence of the said selectmen, 
and of the town clerk in said meetings, sort and count the 
said votes, and make a public declaration thereof, with the 
name of every person voted for, and the number of votes for 
each person ; and the town clerk shall make a fair record of 
the same at large, in the town book, and shall make out a 
fair attested copy thereof, to be by him sealed up, and di¬ 
rected to the secretary of the state, with a superscription 
expressing the purport thereof: And the said town clerk 
shall cause such attested copy to be delivered to the sheriff 
of the county in which such town or parish shall lie, thirty 
days at least before the first Wednesday of June, or to the 
secretary of the state at least twenty days before the said 
first Wednesday of June: and the sheriff of each county, or 
his deputy, shall deliver all such certificates, by him received, 
into the secretary’s office, at least twenty days before the 
first Wednesday of June. 

And that there may be a due meeting of senators on the 
first Wednesday of June annually, the governor, and a ma¬ 
jority of the council for the time being, shall as soon as may 
be, examine the returned copies of such records, and four¬ 
teen days before the first Wednesday of June, he shall issue 
his summons to such persons as appear to be chosen sena- 


182 


STATE OF NEW HAMPSHIRE. 


tors, by a majority of votes, to attend and take their seats on 
that day. 

Provided nevertheless , That for the first year the said re¬ 
turned copies shall be examined by the president, and a ma¬ 
jority of the council then in office; and the said president 
shall in like manner notify the persons elected, to attend and 
take their seats accordingly. 

And in case there shall not appear to be a senator elected 
by a majority of votes, for any district, the deficiency shall 
be supplied in the following manner, viz., the members of the 
house of representatives, and such senators as shall be de¬ 
clared elected, shall take the names of the two persons hav¬ 
ing the highest number of votes in the district, and out of 
them shall elect, by joint ballot, the senator wanted for such 
district; and in this manner all such vacancies shall be filled 
up in every district of the state, and in like manner all va¬ 
cancies in the senate, arising by death, removal out of the 
state, or otherwise, shall be supplied as soon as may be after 
such vacancies happen. 

The senate shall be final judges of the elections, returns 
and qualifications of their own members, as pointed out in 
this constitution. 

The senate shall have power to adjourn themselves, pro¬ 
vided such adjournment do not exceed two days at a time. 

Provided nevertheless , That whenever they shall sit on 
the trial of any impeachment, they may adjourn to such time 
and place as they may think proper, although the legislature 
be not assembled on such day, or at such place. 

The senate shall appoint their president and other officers, 
and determine their own rules of proceedings : and not less 
than seven members of the senate shall make a quorum for 
doing business ; and when less than eight senators shall be 
present, the assent of five at least, shall be necessary to ren¬ 
der their acts and proceedings valid. 

The senate shall be a court, with full power and authority 
to hear, try and determine, all impeachments made by the 
house of representatives against any officer or officers of the 
state, for bribery, corruption, mal-practice or maladministra¬ 
tion, in office ; with full power to issue summons, or compul¬ 
sory process, for convening witnesses before them : but pre- 


JOURNAL OF CONVENTION. 


183 


vious to the trial of any such impeachment, the members of 
the senate shall respectively be sworn truly and impartially 
to try and determine the charge in question, according to 
evidence. And every officer, impeached for bribery, corrup¬ 
tion, mal-practice or mal-administration in office, shall be 
served with an attested copy of the impeachment, and order 
of senate thereon, with such citation as the senate may direct, 
setting forth the time and place of their sitting to try the 
impeachment; which service shall be made by the sheriff, 
or such other sworn officer as the senate may appoint, at 
least fourteen days previous to the time of trial; and such 
citation being duly served and returned, the senate may pro¬ 
ceed in the hearing of the impeachment, giving the person 
impeached (if he shall appear) full liberty of producing wit¬ 
nesses and proofs, and of making his defence, by himself 
and council, and may also, upon his refusing or neglecting to 
appear, hear the proofs in support of impeachment, and ren¬ 
der judgment thereon, his non-appearance notwithstanding; 
and such judgments shall have the same force and effect as 
if the person impeached had appeared and pleaded in the trial. 
Their judgment, however, shall not extend further than re¬ 
moval from office, disqualification to hold or enjoy any place 
of honor, trust, or profit, under this state ; but the party so 
convicted, shall nevertheless be liable to indictment, trial, 
judgment and punishment, according to the laws of the 
land. 

Whenever the governor shall be impeached, the chief jus¬ 
tice of the supreme judicial court shall, during the trial, pre¬ 
side in the senate, but have no vote therein. 

EXECUTIVE POWER. 

GOVERNOR. 

There shall be a supreme executive magistrate, who shall 
be stiled the Governor of the State of New-Hampshire, and 
whose title shall be His Excellency. 

The governor shall be chosen annually in the month of 
March ; and the votes for governor shall be received, sorted, 
counted, certified, and returned, in the same manner as the 
votes for senators ; and the secretary shall lay the same be¬ 
fore the senate and house of representatives, on the first 
Wednesday of June, to be by them examined, and in case of 


184 


STATE OF NEW HAMPSHIRE. 


an election by a majority of votes through the state, the 
choice shall be by them declared and published. 

And the qualifications of electors of the governor shall be 
the same as those for senators ; and if no person shall have 
a majority of votes, the senate and house of representatives 
shall by joint ballot elect one of the two persons having the 
highest number of votes, who shall be declared governor. 

And no person shall be eligible to this office, unless at the 
time of his election, he shall have been an inhabitant of this 
state for seven years next preceding, and unless he shall be 
of the age of thirty years, and unless he shall at the same 
time have an estate of the value of five hundred pounds, one 
half of which shall consist of a freehold in his own right 
within this state, and unless he shall be of the protestant 
religion. 

In cases of disagreement between the two houses with 
regard to the time or place of adjournment or prorogation, 
the governor, with advice of council, shall have a right to 
adjourn or prorogue the general court, not exceeding ninety 
days at any one time, as he may determine the public good 
may require, and he shall dissolve the same seven days be¬ 
fore the said first Wednesday of June. 

And in case of any infectious distemper prevailing in the 
place where the said court at any time is to convene, or any 
other cause, whereby dangers may arise to the health or 
lives of the members from their attendance, the governor 
may direct the session to be holden at some other the most 
convenient place within the state. 

Every bill which shall have passed both houses of the gen¬ 
eral court, shall, before it become a law, be presented to the 
governor; if he approve, he shall sign it, but if not, he shall 
return it with his objections, to that house in which it shall 
have originated, who shall enter the objections at large on 
their journal and proceed to reconsider it; if after such re¬ 
consideration, two thirds of that house shall agree to pass 
the bill, it shall be sent, together with such objections, to the 
other house, by which it shall likewise be reconsidered, and 
if approved by two thirds of that house, it shall become a 
law. But in all such cases the votes of both houses shall be 
determined by yeas and nays, and the names of the persons, 
voting for or against the bill, shall be entered on the journal 


JOURNAL OF CONVENTION. 


185 

of each house respectively. If any bill shall not be returned 
by the governor, within five days (Sundays excepted) after it 
shall have been presented to him, the same shall be a law in 
like manner as if he had signed it, unless the legislature, by 
their adjournment, prevent its return, in which case it shall 
not be a law. 

Every resolve shall be presented to the governor, and be¬ 
fore the same shall take effect, shall be approved by him, or 
being disapproved by him, shall be repassed by the senate 
and house of representatives, according to the rules and limi¬ 
tations prescribed in the case of a bill. 

All judicial officers, the attorney general, solicitors, all 
sheriffs, coroners, registers of probate, and all officers of the 
navy, and general and field officers of the militia, shall be 
nominated and appointed by the governor and council ; and 
every such nomination shall be made at least three days 
prior to such appointment; and no appointment shall take 
place, unless a majority of the council agree thereto. The 
governor and council shall have a negative on each other, 
both in the nominations and appointments. Every nomina¬ 
tion and appointment shall be signed by the governor and 
council, and every negative shall be also signed by the gov¬ 
ernor or council, who made the same. 

The captains and subalterns in the respective regiments, 

shall be nominated and recommended by the field officers to 

* 

the governor, who is to issue their commissions immediately 
on receipt of such recommendation. 

Whenever the chair of the governor shall become vacant, 
by reason of his death, absence from the state, or otherwise, 
the president of the senate shall, during such vacancy, have 
and exercise all the powers and authorities which, by this 
constitution the governor is vested with, when personally 
present; but when the president of the senate shall exercise 
the office of governor, he shall not hold his office in the 
senate. 

The governor, with advice of council, shall have full power 
and authority in the recess of the general court, to prorogue 
the same from time to time, not exceeding ninety days in 
any one recess of said court; and during the sessions of 
said court, to adjourn or prorogue it to any time the two 
houses may desire, and to call it together sooner than the 


186 STATE OF NEW HAMPSHIRE. 

time to which it may be adjourned or prorogued, if the wel¬ 
fare of the state should require the same. 

The governor of this state for the time being, shall be 
commander in chief of the army and navy, and all the mili¬ 
tary forces of the state, by sea and land ; and shall have full 
power by himself, or by any chief commander, or other officer 
or officers, from time to time, to train, instruct, exercise and 
govern the militia and navy ; and for the special defence and 
safety of this state, to assemble in martial array, and put in 
warlike posture the inhabitants thereof, and to lead and con¬ 
duct them, and with them to encounter, repulse, repel, resist 
and pursue by force of arms, as well by sea as by land, within 
and without the limits of this state ; and also to kill, slay, de¬ 
stroy if necessary, and conquer by all fitting ways, enterprise 
and means, all and every such person and persons as shall at any 
time hereafter, in a hostile manner, attempt or enterprise the 
destruction, invasion, detriment or annoyance of this state; 
and to use and exercise over the army and navy, and over 
the militia in actual service, the law martial in time of war, 
invasion, and also in rebellion, declared by the legislature to 
exist as occasion shall necessarily require: and surprise by 
all ways and means whatsoever, all and every such person or 
persons, with their ships, arms, ammunition, and other goods, 
as shall in a hostile manner invade, or attempt the invading, 
conquering or annoying this state ; and in fine, the governor 
hereby is entrusted with all other powers incident to the 
office of captain general and commander in chief and admi¬ 
ral, to be exercised agreeably to the rules and regulations of 
the constitution and the laws of the land: provided, that the 
governor shall not at any time hereafter, by virtue of any 
power by this constitution granted or hereafter to be granted 
to him by the legislature, transport any of the inhabitants of 
this state, or oblige them to march out of the limits of the 
same, without their free and voluntary consent, or the con¬ 
sent of the general court, nor grant commissions for exercis¬ 
ing the law martial in any case, without the advice and con¬ 
sent of the council. 

The power of pardoning offences, except such as persons 
may be convicted of before the senate by impeachment of 
the house, shall be in the governor, by and with the advice 
of the* council: but no charter of pardon granted by the 


*The is omitted in the original. 




JOURNAL OF CONVENTION. 


187 


governor with advice of council, before conviction, shall avail 
the party pleading the same, notwithstanding any general or 
particular expressions contained therein, descriptive of the 
offence or offences intended to be pardoned. 

No officer duly commissioned to command in the militia 
shall be removed from his office, but by the address of both 
houses to the governor, or by fair trial in court-martial, pur¬ 
suant to the laws of the state for the time being. 

The commanding officers of the regiments shall appoint 
their adjutants and quarter-masters ; the brigadiers, their 
brigade-majors ; the major-generals, their aids ; the captains 
and subalterns, their non-commissioned officers. 

The division of the militia into brigades, regiments and 
companies, made in pursuance of the militia laws now in 
force, shall be considered as the proper division of the mi¬ 
litia of this state, until the same shall be altered by some fu¬ 
ture law. 

No monies shall be issued out of the treasury of this state 
and disposed of (except such sums as may be appropriated 
for the redemption of bills of credit, or treasurer’s notes, or 
for the payment of interest arising thereon) but by warrant 
under the hand of the governor for the time being, by and 
with the advice and consent of the council, for the necessary 
support and defence of this state, and for the necessary pro¬ 
tection and preservation of the inhabitants thereof, agreeably 
to the acts and resolves of the general court. 

All publick boards, the commissary-general, all superintend¬ 
ing officers of publick magazines and stores belonging to this 
state, and all commanding officers of forts and garrisons 
within the same, shall once in every three months, officially 
and without requisition, and at other times when required 
by the governor, deliver to him an account of all goods, 
stores, provisions, ammunition, cannon, with their appen¬ 
dages, and all small arms with their accoutrements, and of 
all other public property under their care respectively, dis¬ 
tinguishing the quantity and kind of each, as particularly as 
may be, together with the condition of such forts and garri¬ 
sons ; and the commanding officer shall exhibit to the gov¬ 
ernor, when required by him, true and exact plans of such 
forts, and of the land and sea, or harbour or harbours adja¬ 
cent. 



1 88 STATE OF NEW HAMPSHIRE. 

The governor and council shall be compensated for their 
services, from time to time, by such grants as the general 
court shall think reasonable. 

Permanent and honorable salaries shall be established by 
law, for the justices of the superior court. 

COUNCIL. 

There shall be annually elected by ballot five counsellors, 
for advising the governor in the executive part of govern¬ 
ment. The freeholders and other inhabitants in each coun¬ 
ty, qualified to vote for senators, shall some time in the 
month of March, give in their votes for one counsellor; 
which votes shall be received, sorted, counted, certified and 
returned to the secretary’s office, in the same manner as the 
votes for senators, to be by the secretary laid before the 
senate and house of representatives on the first Wednesday 
of June. 

And the person having a majority of votes in any county, 
shall be considered as duly elected a counsellor ; but if no 
person shall have a majority of votes in any county, the 
senate and house of representatives shall take the names of 
the two persons who have the highest number of votes in 
each county, and not elected, and out of those two, shall 
elect by joint ballot, the counsellor wanted for such county: 
and the qualifications for counsellors shall be the same as 
for senators. 

If any person thus chosen a counsellor shall be elected 
governor or member of either branch of the legislature, and 
shall accept the trust, or if any person elected a counsellor, 
shall refuse to accept the office, or in case of the death, 
resignation, or removal of any counsellor out of the state, 
the governor may issue a precept for the election of a new 
counsellor in that county where such vacancy shall happen, 
and the choice shall be in the same manner as before direct¬ 
ed ; and the governor shall have full power and authority to 
convene the council, from time to time, at his discretion ; 
and with them, or the majority of them, may and shall from 
time to time hold a council for ordering and directing the 
affairs of the state according to the laws of the land. 

The members of the council may be impeached by the 
house and tried by the senate, for bribery, corruption, mal¬ 
practice, or mal-administration. 


JOURNAL OF CONVENTION. 


189 


The resolutions and advice of the council shall be record¬ 
ed by the secretary in a register, and signed by all the mem¬ 
bers present agreeing thereto ; and this record may be called 
for at any time by either house of the legislature ; and any 
member of the council may enter his opinion contrary to 
the resolutions of the majority, with the reasons for such 
opinion. 

The legislature may, if the publick good shall hereafter re¬ 
quire it, divide the state into five districts, as nearly equal 
as may be, governing themselves by the number of rateable 
polls and proportion of publick taxes ; each district to elect 
a counsellor: and in case of such division, the manner of 
the choice shall be conformable to the present mode of 
election in counties. 

And whereas the elections appointed to be made by this 
constitution on the first Wednesday of June annually by the 
two houses of the legislature, may not be completed on that 
day, the said elections may be adjourned from day to day, 
until the same be completed ; and the order of the elections 
shall be as follows: the vacancies in the senate (if any) shall 
be first filled up ; the governor shall then be elected, pro¬ 
vided there shall be no choice of him by the people ; and 
afterwards the two houses shall proceed to fill up the vacan¬ 
cy (if any) in the council. 

SECRETARY, TREASURER, COMMISSARY-GENERAL, &C. 

The secretary, treasurer, and commissary-general, shall be 
chosen by joint ballot of the senators and representatives 
assembled in one room. 

The records of the state shall be kept in the office of the 
secretary ; and he shall attend the governor and council, the 
senate and representatives, in person or by deputy, as they 
may require. 

The secretary of the state shall at all times have a deputy, 
to be by him appointed ; for whose conduct in office he shall 
be responsible: and in case of the death, removal, or ina¬ 
bility, of the secretary, his deputy shall exercise all the du¬ 
ties of the office of secretary of this state, until another shall 
be appointed. 

The secretary before he enters upon the business of his 
office, shall give bond with sufficient sureties, in a reasonable 




I9O STATE OF NEW HAMPSHIRE. 

sum, for the use of the state, for the punctual performance 
of his trust. 

COUNTY TREASURER, &C. 

The county treasurers and registers of deeds, shall be 
elected by the inhabitants of the several towns, in the sev¬ 
eral counties in the state, according to the method now 
practised, and the laws of the State. 

Provided nevertheless , The legislature shall have authority 
to alter the manner of certifying the votes and the mode of 
electing those officers; but not so as to deprive the people of 
the right they now have of electing them. 

And the legislature, on the application of the major part 
of the inhabitants of any county, shall have authority to 
divide the same into two districts for registering deeds, if 
to them it shall appear necessary; each district to elect a 
register of deeds: and before they enter upon the business 
of their offices, shall be respectively sworn faithfully to dis¬ 
charge the duties thereof, and shall severally give bond, with 
sufficient sureties, in a reasonable sum, for the use of the 
county, for the punctual performance of their respective 
trusts. 

JUDICIARY POWER. 

The tenure that all commissioned officers shall have by law 
in their offices, shall be expressed in their respective commis¬ 
sions—all judicial officers duly appointed, commissioned and 
sworn, shall hold their offices during good behaviour, excepting 
those concerning whom there is a different provision made 
in this constitution: Provided nevertheless , the governor,* 
with consent of counsel, may remove them upon the address 
of both houses of the legislature. 

Each branch of the legislature, as well as the governor 
and council, shall have authority to require the opinions of 
the justices of the superior court, upon important questions 
of law and upon solemn occasions. 

In order that the people may not suffer from the long 
continuance in place of any justice of the peace, who shall 
fail in discharging the important duties of his office with 
ability and fidelity, all commissions of justices of the peace 
shall become void at the expiration of five years from their 


♦This was president in the original. 



JOURNAL OF CONVENTION. 191 

respective dates, and upon the expiration of any commission 
the same may if necessary be renewed, or another person 
appointed, as shall most conduce to the well being of the 
state. 

All causes of marriage, divorce and alimony, and all 
appeals from the respective judges of probate, shall be heard 
and tried by the superior court until the legislature shall by 
law make other provision. 

The general court are empowered to give to justices of 
the peace, jurisdiction in civil causes, when the damages 
demanded shall not exceed four pounds , and title of real 
estate is not concerned; but with right of appeal to either 
party, to some other court, so that a trial by jury in the last 
resort may be had. 

No person shall hold the office of judge of any court, or 
judge of probate, or sheriff of any county, after he has 
attained the age of seventy years. 

No judge of any court, or justice of the peace, shall act 
as attorney, or be of counsel to any party, or originate any 
civil suit in matters which shall come, or be brought before 
him as judge, or justice of the peace. 

All matters relating to the probate of wills and granting 
letters of administration, shall be exercised by the judges of 
probate in such manner as the legislature have directed, or 
may hereafter direct ; and the judges of probate shall hold 
their courts at such place or places, on such fixed days, as 
the conveniency of the people may require, and the legisla¬ 
ture from time to time appoint. 

No judge, or register of probate, shall be of counsel, act 
as advocate, or receive any fees as advocate or counsel, in 
any probate business which is pending, or may be brought 
into any court of probate in the county of which he is judge 
or register. 

CLERKS OF COURT. 

The judges of the courts (those of probate excepted) shall 
appoint their respective clerks, to hold their office during 
pleasure: and no such clerk shall act as an.attorney, or be 
of counsel in any cause in the court of which he is clerk, 
nor shall he draw any writ originating a civil action. 


192 


STATE OF NEW HAMPSHIRE. 


ENCOURAGEMENT OF LITERATURE, &c. 

Knowledge and learning, generally diffused through a 
community, being essential to the preservation of a free 
government; and spreading the opportunities and advan¬ 
tages of education through the various parts of the country, 
being highly conducive to promote this end ; it shall be the 
duty of the legislators and magistrates, in all future periods 
of this government, to cherish the interest of literature and 
the sciences, and all seminaries and publick schools ; to en¬ 
courage private and publick institutions, rewards and immu¬ 
nities for the promotion of agriculture, arts, sciences, com¬ 
merce, trades, manufactures, and natural history of the 
country ; to countenance and inculcate the principles of hu¬ 
manity and general benevolence, publick and private charity, 
industry and economy, honesty and punctuality, sincerity, 
sobriety, and all social affections, and generous sentiments, 
among the people. 

OATH AND SUBSCRIPTIONS ; EXCLUSION FROM OFFICES ; COMMISSIONS ; 

WRITS ; CONFIRMATION OF LAWS ; HABEAS CORPUS ; THE ENACTING 

STILE ; CONTINUANCE OF OFFICERS ; PROVISION FOR A FUTURE REVI¬ 
SION OF THE CONSTITUTION, &C. 

Any person chosen governor, counsellor, senator, or rep¬ 
resentative, military or civil officer, (town officers excepted) 
accepting the trust, shall, before he proceeds to execute the 
duties of his office, make and subscribe the following decla¬ 
ration, viz. 

I, A. B., do solemnly swear, that I will bear faith and true 
allegiance to the State of New-Hampshire, and will support 
the constitution thereof. So help me God. 

I, A. B., do solemnly and sincerely swear and affirm, that 
I will faithfully and impartially discharge and perform all the 
duties incumbent on me as according to the best of 

my abilities, agreeably to the rules and regulations of this 
constitution, and the laws of the State of New-Hampshire. 
So help me God. 

Any person having taken and subscribed the oath of alle¬ 
giance, and the same being filed in the secretary’s office, he 
shall not be obliged to take said oath again. 

Provided always , When any person chosen or appointed 
as aforesaid, shall be of the denomination called quakers, or 


JOURNAL OF CONVENTION. 


193 


shall be scrupulous of swearing, and shall decline taking the 
said oaths, such persons shall take and subscribe them, omit¬ 
ting the word swear, and likewise the words so help me God , 
subjoining instead thereof, this I do under the pains and pen¬ 
alties of perjury. 

And the oaths or affirmations shall be taken and subscrib¬ 
ed by the governor, before the president of the senate, in 
presence of both houses of the legislature, and by the sena¬ 
tors and representatives first elected under this constitution, 
as altered and amended, before the president of the state, and 
a majority of the council then in office, and forever afterwards 
before the governor and council for the time being; and by 
all other officers, before such persons and in such manner as 
the legislature shall from time to time appoint. 

All commissions shall be in the name of the State of New- 
Hampshire, signed by the governor and attested by the sec¬ 
retary, or his deputy, and shall have the great seal of the 
state affixed thereto. 

All writs issuing out of the clerk’s office in any of the 
courts of law, shall be in the name of the State of New- 
Hampshire ; shall be under the seal of the court whence 
they issue, and bear test of the chief, first, or senior justice 
of the court; but when such justice shall be interested, then 
the writ shall bear test of some other justice of the court to 
which the same shall be returnable; and be signed by the 
clerk of such court. 

All indictments, presentments, and informations, shall con¬ 
clude, against the peace and dignity of the state. 

The estates of such persons as may destroy their own 
lives, shall not for that offence be forfeited, but descend or 
ascend in the same manner as if such persons had died in a 
natural way; nor shall any article which shall accidentally 
occasion the death of any person, be henceforth deemed a 
deodand, or in any wise forfeited on account of such misfor¬ 
tune. 

All the laws which have heretofore been adopted, used and 
approved, in the province, colony, or State of New-Hamp- 
shire, and usually practised on in the courts of law, shall re¬ 
main and be in full force until altered and repealed by the 
legislature; such parts thereof only excepted, as are repug- 

13 


194 


STATE OF NEW HAMPSHIRE. 


nant to the rights and liberties contained in this constitu¬ 
tion : provided that nothing herein contained, when compared 
with the 23d article in the bill of rights, shall be construed 
to affect the laws already made respecting the persons, or 
estates, of absentees. 

The privilege and benefit of the habeas corpus, shall be 
enjoyed in this state, in the most free, easy, cheap, expedi¬ 
tious, and ample manner, and shall not be suspended by the 
legislature, except upon the most urgent and pressing occa¬ 
sions, and for a time not exceeding three months. 

The enacting stile in making and passing acts, statutes, 
and laws, shall be— Be it enacted by the sejiate and house of 
representatives , in general court convened. 

No governor, or judge of the supreme judicial court shall 
hold any office or place under the authority of this state, ex¬ 
cept such as by this constitution they are admitted to hold, 
saving that the judges of the said court may hold the office* 
of justice of the peace throughout the state ; nor shall they 
hold any place or office, or receive any pension or salary, 
from any other state, government, or power whatever. 

No person shall be capable of exercising at the same time 
more than one of the following offices within this state, viz. 
judge of probate, sheriff, register of deeds ; and never more 
than two offices of profit, which may be held by appointment 
of the governor, or governor and council, or senate and 
house of representatives, or superior or inferior courts ; mil¬ 
itary offices and offices of justices of the peace excepted. 

No person holding the office of judge of any court (except 
special judges,) secretary, treasurer of the state, attorney- 
general, commissary-general, military officers receiving pay 
from the continent or this state (excepting officers of the 
militia, occasionally called forth on an emergency) reg¬ 
ister of deeds, sheriff, or officers of the customs, including 
naval officers, collectors of excise and state and continental 
taxes, hereafter appointed and not having settled their ac¬ 
counts with the respective officers with whom it is their 
duty to settle such accounts, members of congress, or any 
person holding any office under the United States, shall at 
the same time hold the office of governor, or have a seat in 


* In the original offices. 



JOURNAL OF CONVENTION. 


195 


the senate, or house of representatives, or council; but his 
being chosen and appointed to, and accepting the same, shall 
operate as a resignation of their seat in the chair, senate, or 
house of representatives, or council; and the place so vacated 
shall be filled up. No member of the council shall have a 
seat in the senate or house of representatives. 

No person shall ever be admitted to hold a seat in the leg¬ 
islature, or any office of trust or importance, under this gov¬ 
ernment, who in the due course of law has been convicted of 
bribery or corruption in obtaining an election or appoint¬ 
ment. 

In all cases where sums »of money are mentioned in this 
constitution, the value thereof shall be computed in silver at 
six shillings and eight pence per ounce. 

To the end that there may be no failure of justice, or dan¬ 
ger to the state by the alterations and amendments made in 
the constitution, the general court is hereby fully authorised 
and directed to fix the time when the alterations and amend¬ 
ments shall take effect, and make the necessary arrangements 
accordingly.* 

It shall be the duty of the selectmen and assessors, of the 
several towns and places in this state, in warning the first 
annual meetings for the choice of senators, after the expira¬ 
tion of seven years from the adoption of this constitution as 
amended, to insert expressly in the warrant, this purpose 
among the others for the meeting, to wit, to take the sense 
of the qualified voters on the subject of a revision of the con¬ 
stitution ; and the meeting being warned accordingly (and 
not otherwise) the moderator shall take the sense of the qual¬ 
ified voters present, as to the necessity of a revision ; and a 
return of the number of votes for and against such necessity, 
shall be made by the clerk, sealed up and directed to the 
general court, at their then next session ; and if it shall ap¬ 
pear to the general court by such return, that the sense of 
the people of the state has been taken, and that in the opin¬ 
ion of the majority of the qualified voters in the state, pres¬ 
ent and voting at said meetings, there is a necessity for a 
revision of the constitution, it shall be the duty of the gen¬ 
eral court to call a convention for that purpose, otherwise 
the general court shall direct the sense of the people to be 


*See Act of 14th Dec., 1792. 




196 


STATE OF NEW HAMPSHIRE. 


taken, and then proceed in the manner before mentioned. 
The delegates to be chosen in the same manner, and propor¬ 
tioned as the representatives to the general court; provided 
that no alterations shall be made in this constitution, before 
the same shall be laid before the towns and unincorporated 
places, and approved by two thirds of the qualified voters 
present and voting on the subject. 

And the same methods of taking the sense of the peo¬ 
ple, as to a revision of the constitution, and calling a con¬ 
vention for that purpose, shall be observed afterwards, at 
the expiration of every seven years. 

This form of government shall be enrolled on parchment, 
and deposited in the secretary’s office, and be a part of 
the laws of the land: and printed copies thereof shall be 
prefixed to the books containing the laws of this state, in all 
future editions thereof. 


ANALYSIS OF CONTENTS. 


List of the names of delegates to convention. 

Record of yeas and nays. 

Biographical sketches, by the editor. 

Journal of proceedings, &c.; organization. 

Rules of procedure. 

Motion to strike out article 6 of Bill of Rights—yeas and nays 

Articles read and debated—committee on 19th. 

General Court—motion to change the time of meeting. 

Senate—committee to report thereon. 

House of Representatives, motion to lessen the number of, with 

yeas and nays. 

Motion to strike out the religious test or qualification. 

Executive power—motion to change the title of president to 

governor. 

Motion to reduce the number of the'house—yeas and nays.... 

Report of Committee on the Senate, &c. 

Oaths and subscriptions—sundry motions. 

Committee appointed to reduce proposed amendments to form 
Committee on the “Council” and on the journals of both 

houses. 

Committee’s report on 19th article of Bill of Rights. 

Report of Committee on the Council. 

Resolves relating to courts, &c. 

Committee appointed to prepare and report amendments to be 

submitted to the people ; adjournment. 

Members present at adjourned meeting, Feb. 8, 1792. 

Report of Committee on Alterations and Amendments. 

Bill of Rights—articles 19, 20, 39. 

Part II. General Court.. 

Senate. 

House of Representatives. 

Executive power—governor. 

Council.. 

County treasurers, &c. 

Judicial power. 

Oath, &c. 

Constitution as reported by the committee. 

Part I. Bill of Rights. 

Part II. Form of government. 

General court. 

Senate. 

House of representatives. 


Pages 

24-29 

2 9 

30-37 

38 

39? 4° 

41.42 

42.43 
43 

43 

44? 45 

46 

47 
48-50 

5 1 ? 5 2 
5 2 ? 53 

53 

54 
54 

55? 56 
56,57 

57 

58-62 

63-71 

63,64 

64 

65-67 

67 

67,68 

68 


70 

71-91 

71-76 

76 

76-78 

78-80 

80-82 






































198 STATE OF NEW HAMPSHIRE. 

Part II. Executive power, governor. 82-85 

Lieutenant governor, council. 85,86 

Secretary, county treasurer, &c. 86,87 

Judiciary power, clerks of courts. 87, 88 

Encouragement of literature. 88 

Oath and subscriptions, &c. 89-91 

Journal resumed. 91 

Report (above) examined and debated in committee of the 

whole. 91-103 

The 39th article in Bill of Rights struck out. 91, 92 

Proposition to meet in September, November, or January, 

negatived. 92 

“ President” changed to governor, lieut. governor denied.... 92 

Biennial sessions and reduction of house denied, increase of 

senate. 94-96 

Judiciary system, considered, &c.97-99, I0 5 

Report of sub-committee on amendments. 103-106 

Proposal to meet annually in October . 107 

Reduction of representatives negatived. 108 

Sixth article of Bill of Rights amended.,. 108 

Division of the state into five senatorial districts. 109 

Committee to lay the amended constitution before the people, 

plan proposed. 110-112 


Articles of amendment, sent out to the people. 113-126 

Proposed amendment of article 6th of Bill of Rights. 113 

Senate, to consist of thirteen . 114 

Religious qualifications of 11 the Protestant religion” omitted 116 
“ “ “ “ ■ r 18, 119, 121 

Constitution with articles of amendment incorporated. 126-141 

Return of votes on the amendments. 141,142 

Further action of convention. 142,143 

Further amendments to be sent out to the people, reports of 

committees. 144-152 

Articles as sent out. 152-164 

Senate to consist of twelve members and annual meeting 

of legislature in June. 153 

Religious qualification of “ Protestant religion” included. 153,156 

Return of votes on the proposed amendments. 166,167 

Constitution approved by the people. 167,196 

Convention dissolved. 168 












































































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